ATLURI VIJAYA BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) One Atluri Vijaya Babu (Petitioner No.1), Atluri Venkata Subash Babu (Petitioner No.2) along with Nalanda Estates Private Limited filed this writ petition under Article 226 of the Constitution of India, questioning the action of the respondents in withholding the application of the third petitioner for building permission vide BA No.1168/1532/B/PMLR/PRNK/2017 dated 19.05.2017 under the guise of Andhra Pradesh Gazette Extraordinary No.850 dated 31.10.2018 issued for the proposed Inner Ring Road (IRR) as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India and contrary to the principles of natural justice and consequently to set-aside the same and direct the respondents to either sanction the third petitioner application vide BA No.1168/1532/B/PMLR/PRNK/2017 dated 19.05.2017 or take steps to acquire the subject property under the applicable land acquisition law in vogue.

(2.) The brief facts of the case are that, Petitioner Nos. 1 and 2 along with others are the land owners to an extent of Ac.1-20 cents in Sy.No.479/3, Ac.0-40 cents in Sy.No.480/1C, Ac.0-28 cents in Sy.No.480/2C and Ac.0-07 cents in Sy.No.481/4 of Poranki Village and Panchayat, Penamaluru Mandal, Krishna District, (herein after referred as 'subject property' for convenience).

(3.) Petitioner Nos. 1 and 2 intended to construct educational institute/school building in the subject property and offered the same to the third petitioner for development on mutually agreed terms and conditions, finally entered into Development Agreement on 10.11.2017 recording all the terms and conditions.