Dismissed¶46

Bhavana Rishi Co. Operative Urbank Bank Limited v. The State of Andhra Pradesh

Andhra Pradesh HC3 Jul 2025WP/1583/2025

Case brief

AI extract

What is this about?

Withdrawal of writ petition with liberty to file afresh; Article 226 mandamus; mortgagee co-operative urban bank versus registration of Gift Deed 5405/2023 and Development Agreement/GPA 8539/2023 over Seethammadara, Visakhapatnam property; memoranda of deposit of title deeds 754/2016, 4984/2015, 8040/2017, 8041/2017; Section 151 CPC applications for cancellation of building plan and vacation of interim orders dated 23.01.2025; dismissed as withdrawn, no costs, miscellaneous petitions closed; High Court of Andhra Pradesh, Venkateswarlu Nimmagadda J, 04.07.2025.

What did the court decide?

Permission to withdraw the writ petition with liberty to file a fresh writ petition, if so advised; dismissal as withdrawn with no costs; miscellaneous petitions, if any, closed. ¶46

Bhavana Rishi Co. Operative Urbank Bank… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to file a fresh writ petition, if so advised; dismissal as withdrawn with no costs; miscellaneous petitions, if any, closed.

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Issue for consideration

Whether the Court should grant the petitioner's request, made by letter dated 03.07.2025, to withdraw the writ petition with liberty to file a fresh writ petition, if so advised. +1 more

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Court's answer

Permission is accorded to the petitioner to withdraw the writ petition with liberty to file a fresh writ petition.

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Ratio / Principle

The writ petition is dismissed as withdrawn with a liberty, and with no costs.

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Key takeaways

As a sequel, miscellaneous petitions, if any, pending shall stand closed.ratio¶47

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Venkateswarlu Nimmagadda, J.), Writ Petition No. 1583 of 2025, decided 04.07.2025 — Bhavana Rishi Co-operative Urban Bank Ltd., Gudimalkapur Branch, Hyderabad, acting through its authorized officer, a mortgagee under four memoranda of deposit of title deeds (Nos. 754/2016, 4984/2015, 8040/2017 and 8041/2017), had filed a writ petition under Article 226 seeking a mandamus declaring illegal the registration of a Gift Deed (Reg. Document No. 5405/2023 dated 13.06.2023) and a Development Agreement and GPA (Document No. 8539/2023 dated 18.08.2023) over property bearing Door No. 58-116-18, Plot No. MIG 128, Seethammadara North Extension, Visakhapatnam, effected without discharge of its loans, and seeking consideration of its representations dated 24.01.2024 and 23.10.2024; I.A.s under Section 151 CPC sought cancellation of the building plan issued by respondent No. 3 in favour of respondent No. 4 and vacation of interim orders dated 23.01.2025. By letter dated 03.07.2025 counsel sought withdrawal with liberty to file afresh. Held: permission accorded; the writ petition was dismissed as withdrawn with liberty and no costs, and miscellaneous petitions, if any, stood closed. The substantive grievance was left unadjudicated; no precedent was discussed.

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[3329]

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APHC010030992025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1583/2025

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Between:

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BHAVANA RISHI CO OPERATIVE URBANK BANK LIMITED, URBAN BANK LIMITED, GUDIMALKAPUR BRANCH HYDERABAD ITS AUTHORIZED OFFICER SRI A.VIJAY KUMAR S/O.MARKANDEYULU, AGED 49 YEARS R/O.H.NO.13-23-30/3 SAROORNAGAR, HYDERABAD-500035.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY REGISTRATION AND STAMPS DEPARTMENT SECRETARIAT, AMARAVATHI-522020

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THE DISTRICT REGISTRAR, VISAKAHAPATNAM DISTRICT REGISTRATION AND STAMPS DEPARTMENT GOVERNMENT OF ANDHRA PRADESH VISAKHAPATNAM,ANDHRA PRADESH-530002

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GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

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M/S AKRUTI CONSTRUCTIONS, REP.BY ITS PROPRIETRIX SMT. GUTTULA LAKSHMI MADHAVI W/O. SRI. G.V. HAH KRISHNA, R/O . D.NO 54-12-10, SRI HAH NIVASAM, BHANU NAGAR, BESIDE VIDYANAGAR PARK, MADDILAPALEM, VISHAKAPATNAM -530013

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YALLA LAKSHMIKANTH, S/O LATE VEERA SWAMY, AGED ABOUT 56 YEARS OCC BUSINESS FLAT NO210,PGR DIVINE , NALANDA NAGAR COLONY, ROAD NO11. SIRIMALLENAGAR COLONY, UPPERPALLY, HYDERABAD - 500062, T.S.

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SMT YALLA SURYA PRABHAVATHI, W/O.LATE.VEERASWANNY, AGED ABOUT 76 YEARS OCC HOUSEHOLD/PENSIONER FLAT NO 210,PGR DIVINE , NALANDA NAGAR COLONY, ROAD NO 11. SIRIMALLENAGAR COLONY, UPPERPALLY, HYDERABAD - 500062, T.S AND ALSO AT H.NO.50-116-18, SEETHAMMADHARA NORTH EXTENSION VISAKHAPATNAM, ANDHRA PRADESH

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MS YALLA SURYA KUMARI, W/O. YALLA LAKSHMIKANTH AGED ABOUT 52 YEARS OCC HOUSE WIFE FLAT NO210,PGR DIVINE , NALANDA NAGAR COLONY, ROAD NO11. SIRIMALLENAGAR COLONY, UPPERPALLY, HYDERABAD - 500062, T.S.

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...RESPONDENT(S):

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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 tomay be pleased to issue a writ, direction order, particularly one in the nature of Mandamus declaring that the actions of respondents, more particularly respondents No.2 and 3 in not considering the representations dated 24.01.2024 , 23.10.2024 and 23.10.2024 of the petitioner bank and allowing the unofficial respondents to proceed with the constructions on the property bearing Door No.58- 116-18, plot number MIG 128 on land admeasuring 489 Sq.yds at Seethammadara North Extension at Visakhapatnamand allowing to registration of Gift Deed bearing Reg.Document No. 5405/2023 dated 13.06.2023 and Development Agreement and GPA vide Document No. 8539/2023 dated 18.08.2023, without discharge of loans and redeeming the mortgage covered by Regd.Memorandum of Deposit of Title Deeds 754/2016 dated 02.02.2016,No 4984/2015 dated 14.07.2015 8040/2017 dated 26.12.2017 and 8041/2017 dated 26.12.2017as wholly illegal, untenable, unsustainable, without Jurisdiction, outcome of fraud and against the Law as well as principles of natural justice and consequently direct the respondents to consider the representations date 24.01.2024,23.10.2024 and 23.10.2024 and set aside the Gift Deed 5405/2023 dated 13.06.2023 andbearing Reg. Document No.

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Development Agreement and GPA vide Document No. 8539/2023 dated 18.08.2023 and pass such

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent no.3 to cancel the building plan issued in favour of the respondent no.4 in respect of property bearing Door No.58-116-18, plot number MIG 128 on land admeasuring 489 Sq.yds at Seethammadara North Extension at Visakhapatnamcovered under Gift Deed bearing Reg.Document No. '5405/2023 dated 13.06.2023 and Development Agreement and GPA vide Document No. 8539/2023 dated 18.08.2023 and pass such

IA NO: 2 OF 2025

IA NO: 3 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Vacate the Interim orders granted in W.P 1583/2025 dated 23/01/2025 in the interest of justice, equity and good conscience and Dismiss the W.P 1583/2025 with exemplary costs in the interest of justice; and pass

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IA NO: 4 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to Vacate the Interim orders granted by this Hon'bie Court in W.P 1583/2025 dated 23/01/2025 in the interest of justice, equity and good

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conscience and Dismiss the W.P 1583/2025 with exemplary costs in the interest of justice; and pass

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Counsel for the Petitioner:

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1.K B RAMANNA DORA

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Counsel for the Respondent(S):

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1.AKHIL KRISHNAN

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2.GP FOR REGISTRATION AND STAMPS

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1583/2025

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Sri K.B. Ramana Dora, learned counsel for the petitioner, filed a letter in

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the Registry dated 03.07.2025, stating that the petitioner is seeking permission of this Court to withdraw the Writ Petition with a liberty to file fresh Writ Petition, if so advised.

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