Vinod Kumar Perugu Vs the State of Ap

THE STATE OF A P, REP BY ITS PRINCIPAL SE C RETARY, DEPARTMENT OF M UNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VEL A GAPUDI, AMARAVATHI.

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THE STATE OF AN D HRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY SECR E TARY, MUNICIPAL ADMINISTRA T ION AND URBAN DEVELO P MENT, SECRETARIAT B U ILDINGS, VELAGAPUDI, AMA R AVATHI.

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THE COMMISSIO N ER AND DIRECTOR OF M UNICIPAL ADMINISTRATION, P RIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, MANGALA G IRI, GUNTUR DISTRICT.

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TIRUPATI URBAN D EVELOPMENT AUTHORITY TUDA, TIRUPATI URBAN DEVELOPMENT AUTHORITY TUDA, REP BY ITS VICE CHAIRMAN AND M A NAGING DIRECTOR, TIRUPATI, TIRUPATI DISTRICT.

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THE TIRUPATI MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, TIRUPATI, TIRUPATI DISTRICT.

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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 to issue an appropriate Writ or Direction, more particularly one in the nature of Writ of Mandamus a. declaring the action of the Respondents in keeping the Petitioners validly issued TDR Bond No. 1012/003S5/TDR/A/2023 dated 30.08.2023 in abeyance pursuant to Memo No. 2331918/12/2023 dated 22.03.2024 as arbitrary illegal, violative of principles of natural justice, and without authority of law b. Consequently, direct Respondent No.5 to forthwith permit the Petitioner to utilize and or transfer the aforesaid TDR Bond No. 1012/00365/TDR/A/2023 dated 30.08.2023 issued in favour of the Petitioners late mother Smt. Perugu Venkata Subbamma, W/o Late Sri Venkata Subbaiah, in accordance with law allowing the petitioner to Utilise Transfer the TDR bonds issued in favour of Petitioner vide TDR No. 1012/00365/TDR/A/2023 dated 30-08-2023. The Respondents actions are violative of Article 300A, Article 19(1)(g) Article 14 and principles of natural justice and to pass

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Counsel for the Petitioner:

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1.ANJU SANKAR

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Counsel for the Respondent(S):

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1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In

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2.GP MUNCIPAL ADMN AND URBAN DEV AP

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3.Karri kalyan Durga Prasad SC FOR TUDA

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The Court made the following:

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ORDER:-

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The petitioner is aggrieved by the inaction on the part of the 4^th respondent in issuing the TDR bond for the property of the petitioner, which was transferred by way of a registered gift deed dated 17.08.2022. The petitioner’s mother executed a registered gift deed in favour of the 5^th respondent in respect of the land admeasuring 89.35 square meters / 106.77 square yards. The petitioner is entitled for TDR bond and was accordingly issued a TDR bond on 30.08.2023. It is submitted that before the petitioner could utilize the said TDR bond, the 1^st respondent, vide memo dated 22.03.2024, instructed respondent Nos.4 and 5 to keep the unutilized TDR bond in abeyance until further orders.

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It is submitted that on account of the said proceedings, the petitioner is unable to utilize the TDR bond. It is also submitted that the petitioner’s mother passed away on 11.11.2022, and the petitioner has filed the present writ petition as the sole legal heir.

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The learned Government Pleader appearing for respondent Nos.1 and 2 submits that an enquiry was ordered into certain TDR bonds as complaints were received regarding the issuance of TDR bonds without any gift deeds being executed in favour of the Municipality. It is also submitted that an enquiry was ordered to ascertain the entitlement and ratio of the TDR bonds. It is submitted that the enquiry has been completed and the report has been submitted to the Government.

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It is submitted that the petitioner’s TDR bond dated 30.08.2023 also forms part of the said enquiry, and as such, it is submitted that the outcome of the enquiry report shall have a bearing on the claim of the petitioner. The submission that the enquiry has been concluded was made before this Court on 23.09.2025, and time was sought on 07.10.2025, 14.10.2025, and 23.10.2025 for submitting a copy of the report.

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The learned counsel for the petitioner further submits that this Court has considered the case of a similarly placed person in W.P. No.11989 of 2024 and that a similar order may be passed in the present case.

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The learned Government Pleader submits that the earlier order passed in W.P. No.11989 of 2024 does not refer to the enquiry report and that the case of the petitioner therein was directed to be considered independently without reference to the enquiry.

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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The case of the petitioner can be considered by the respondents by verifying the genuineness of the gift deed dated 17.08.2022 and ascertaining the utilization of the gifted portion of the land. This exercise shall be completed by the 5^th respondent within a period of two (02) weeks from the date of receipt of a copy of this order. Subject to ascertaining the genuineness of the execution of the gift deed and the existence of the property gifted by the petitioner, there shall be a direction to the respondents to permit the petitioner

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to utilize the TDR bond bearing No.1012/00365/TDR/A/2023 dated

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30.08.2023.

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