Dismissed

Dr Gadde Sai Krishna v. The State of Andhra Pradesh

Andhra Pradesh HC23 Sept 2024WP/40946/2022

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh permitted the withdrawal of Writ Petition No. 40946 of 2022 filed by a buyer aggrieved by non-delivery of an apartment. The petition demanded refund of sale consideration and penalties. The court dismissed the writ as withdrawn with liberty to approach the appropriate forum.

What did the court decide?

Permission to withdraw the writ petition granted. Writ petition dismissed as withdrawn with liberty to approach the appropriate forum. No costs.

Dr Gadde Sai Krishna Vs The State of Andhra Pradesh — Consumer Protection | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 40946 OF 2022

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Between:

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Dr. Gadde Sai Krishna, Permanent Resident of D.No 3-29-12/4, Flat Number SD-3, Pioneer Sri Durga Aparts, 4*^ Line, Krishna Nagar, Guntur 522006 (Rep by his GPA and his father Gadde Ram Babu) Resident of D.No. 3-29-12/4, Flat Number SD-3, Pioneer Sri Durga Aparts, 4'^ Line, Krishna Nagar, Guntur 522006.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Represented by Principal Secretary Municipal Administration and Urban Development, Secretariat Building, Velagapudi, Amaravati.

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Andhra Pradesh Real Estate Regulatory Authority, Represented by Its Chairperson, D.No.60-5-1, Y Tower, Siddhartha Nagar, 1st Land, Pinnamaneni Polyclinic Road Vijaywada 520010.

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M/s Manjeera Constructions Pvt. Limited, Represented by its Managing Director, 711, Manjeera Trinity Corporate, Beside Manjeera Mall, JNTUHitech City Road, Kukatpally, Hyderabad - 500072, Telangana^State.

¶13

GajjalaYoganand, Managing Director, Manjeera Trinity Corporate Beside Manjeera Mall, DITU-Hitech City Road Kukatpally, Hyderabad - 500072 Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a direction, order or writ, more particularly one in the nature of writ of Certiorari and Call for all the records relating to the order

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/" ^

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dated. 19.10.2022 in C.P.No. 21 of 2022 on the file of AP Real Estate Regulatory Authority (AP RERA) i.e., the 2« Respondent and quash or set aside the same as the impugned order is arbitrary, unreasonable, beyond the jurisdiction of the authority, erroneous in law, palpably incorrect and, direct the Respondents Number 3 and 4 to forthwith refund the entire sale consideration of Rs.59,97,553 (Rupees Fifty [ Nine Lakhs Ninety Seven Thousand Five Hundred and Fifty Three Only) already paid to Respondents Number 3 and 4 along with interest of 14.5% (SBI Prime Lending Rate of 12.5% + 2% ) from the date on which delivery was due i.e. on 01 December 2020 for non-delivery of completed apartment, non-conveyance of title. deficiency of service and Rs. 10,00,000 (Rupees Ten Lakhs only) for mental agony, pecuniary losses including opportunity costs due to missed opportunities for the Petitioner.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the writ petition, the High Court may be pleased to direct the Respondents Numbers 3 and 4 to forthwith refund the entire sale consideration of Rs.59.97,553/- (Rupees Fifty Nine Lakhs Ninety Seven Thousand Five Hundred and Fifty Three Only) already paid to Respondents number 3 and 4 along with interest of 14.5% (SBI Prime Lending Rate of 12.5% +2%) from the date on which delivery was due i.e. on 01. December 2020.

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lA NO: 1 OF 20?.?

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Petition under Section 151 CPC r/w Rule 16 A of W/R 1977 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner herein to amend and substitute the name of the 3'^'^ Respondent herein as "M/s Manjeera Constructions Limited instead of "Manjeera Construction Pvt

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Limited" for the proper adjudication in this Writ Petition, in the interest of justice.

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Counsel for the Petitioner: SRI S. ANANTH

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Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN & URBAN DEVELOPMENT

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Counsel for the Respondent No.2 : SRI K. SRINIVASULA REDDY

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Counsel for the Respondent Nos.3 & 4 : SRI C. PANINI SOMAYAJI

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The Court made the following: ORDER

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APHC010692882022

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 40946/2022

Between:

Dr Gadde Sai Krishna

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT{S)

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Counsel for the Petitioner:

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1.ANANTH S

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Counsel for the Respondent(S):

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1 .GP FOR MUNCIPALADMN URBAN DEV

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2.SRIN1VASULA REDDY KOMMASANI

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3.C.PAN1N1 SOMAYAJI

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The Court made the following:

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ORDER:

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Sri S. Ananth, learned counsel for the petitioner appeared through V.C. and submitted that, he filed a letter in the Registry dated 20.09.2024, seeking permission of this Court to withdraw the Writ Petition with a liberty to approach appropriate forum.

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Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn with a liberty to approach appropriate forum. No costs.

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As a sequel, miscellaneous petitions, if any, pending^{shallstandclosed.}

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To,

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//TRUE COPY//

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Sd/-N.NAGAMMA assistant registrar

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Vy SECTION OFFICER

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One CC to Sri S. Ananth, Advocate [OPUC] GP for Municipal Admn & Urban Development, High Court

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of Andhra Pradesh. [OUT]

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One CC to Sri K. Srinivasula Reddy, Advocate (OPUC)

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One CC to Sri C. Panini Somayaji, Advocate (OPUC)

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Three C.D. Copies.

Cnr

HIGH COURT

DATED:24/09/2024

ORDER

WP.No.40946 of 2022

Co
I 25 OCT m ^
^ . Curreni Section ^ /,
^eSPATC^^'^

¶69

DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS

Dr Gadde Sai Krishna v. The State of Andhra Pradesh

Case brief

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Dr Gadde Sai Krishna v. The State of Andhra Pradesh

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