M/s. Sai Sudhir Technical Institution, Vs The Andhra Pradesh Industrial

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THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

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WRIT PETITION No.27116 of 2005

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ORDER:

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Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondents.

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This Writ Petition was filed challenging the orders passed by the second respondent in Lr.No.APIIC/ZO/MLI/ECK/05, 991 dated 09.12.2005.

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The letter dated 09.12.2005 was issued by the second respondent canceling the allotment of plot No.B-8/2 at E.C.Kushaiguda made in favour of the petitioner for violation of the terms and conditions of allotment/agreement/sale deed. The petitioner was asked to handover the vacant possession of the plot within 15 days from the date of receipt of the said letter.

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This Court, by order dated 20.12.2005, granted interim suspension.

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This Court in A.B.C.India Limited v. A.P.Industrial Infrastructure Corporation Limite d^[1] allowed the Writ Petitions where the cancellation of sale deeds, on the ground of violation of conditions of allotment, was challenged. In the instant case also a sale agreement was executed and it was registered. Subsequently, a deed of sale was executed on 18.05.1995. Now the said sale deed is sought to be cancelled on the ground that instead of developing the industrial unit, the premises is being used for other than the industrial purpose.

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Following the ratio in A.B.C.India Limited’s case (supra), this Writ Petition is allowed setting aside the impugned order passed by the second respondent in Lr.No. APIIC/ZO/MLI/ECK/05, 991 dated 09.12.2005. The miscellaneous petitions pending, if any, shall stand

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closed. There shall be no order as to costs.

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________________________________ (A.RAMALINGESWARA RAO, J) 16.09.2014 vs

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[1] 2010 (6) ALT 142

M/s. Sai Sudhir Technical Institution, v. The Andhra Pradesh Industrial

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M/s. Sai Sudhir Technical Institution, v. The Andhra Pradesh Industrial

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