Damodhara Associates, Hyderabad v. A. P. Industrial Infrastructure Corporation Ltd. , Hyderabad
2012-03-15
G.V.SEETHAPATHY
body2012
DigiLaw.ai
ORDER This petition is filed seeking a writ of mandamus declaring the action of the 2nd respondent in issuing Letter No. APIIC/ZO/MLI/ECK/05, dated 20.4.2006, canceling the allotment of Plot No. 15 of Electronic Complex, Kushaiguda, as illegal and arbitrary. 2. Heard both sides Perused the records. 3. It is stated by the learned Counsel for the petitioner that the present matter is squarely covered by earlier judgment, dated 16.7.2010, in WP No. 7320 of 2006 and batch, wherein the said writ petitions are allowed holding that being a State the APIIC cannot cancel the sale deed or issue a letter of allotment, which has effect of nullifying the conveyance/transfer of title to the entrepreneur and in case of sale transaction the vendor has• remedy under Section 31 of the Specific Relief Act to seek cancellation of sale deed in a civil Court if the sale deed executed is likely to affect the right, interest and title of the vendor subsequently. 4. In the present case also it is stated that the sale deed has already been executed by the APIIC in favour of the petitioner. The cancellation of the allotment of the plot subsequent to the execution of the said sale deed is therefore untenable and the impugned letter, dated 20.4.2006, cancelling the allotment in favour of the petitioner is accordingly set aside, adopting the reasoning mentioned in the above covered judgment, dated 16.7.2010, in the batch of writ petitions. 5. Writ petition is accordingly disposed of Miscellaneous petitions filed in this writ petition shall also stand disposed of. There shall be no order as to costs.