Citation : 2022 Latest Caselaw 1440 Tel
Judgement Date : 23 March, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.773 OF 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Learned counsel for the appellants is fair enough in
informing this Court that the controversy involved in the
present case stands concluded on account of the judgment
delivered by the Hon'ble Supreme Court in the case of The
Andhra Pradesh Industrial Infrastructure Corporation
Limited and others vs. S.N. Raj Kumar and another (Civil
Appeal No.3020 of 2018 and batch, decided on 10.04.2018).
The operative portion of the aforesaid judgment is
reproduced as under:-
"21. In view of the above, it is not necessary to deal with
the argument as to whether doctrine of proportionality is
applicable in the instant case or not. It is to be borne in
mind, as rightly held by the High Court, that the appellant-
Corporation had withdrawn the action of cancellation of the
plots. Instead, it demanded 50% of the prevailing market
value in lump sum towards the cost of the plots. There is no
legal basis for such a demand, more so, after the registration
of the sale deeds in favour of the respondents thereby
transferring the ownership in these plots in their favour.
22. As a result, all these appeals are dismissed with costs. "
In the light of the aforesaid, the present writ appeal
stands dismissed.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ
_______________________ ABHINAND KUMAR SHAVILI, J
23.03.2022 JSU
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