IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 17881 of 2008 Between: 1 Sri Brij Mohan S/o. Late Nanuram R/o. C/o.5-8-555, Abid Road, Hyderabad-500001. 2 Sri Jagmohan S/o. Late Nanuram R/o. C/o.5-8-555, Abid Road, Hyderabad-500001. 3 Sri Hanumanth Kumar S/o. Late Nanuram R/o. C/o.5-8-555, Abid Road, Hyderabad-500001. 4 Sri Bhagwan Das S/o. Late Nanuram R/o. C/o.5-8-555, Abid Road, Hyderabad-500001. 5 Smt. Kausalya Devi W/o. Late Nanuram R/o. C/o.5-8-555, Abid Road, Hyderabad-500001. ..... PETITIONER(S) AND 1 The Special Officer & Competent Authority, Urban Land Ceiling, Chandra Vihara, Housing Board Complex, III Floor, M.J. Market, Hyderabad. 2 The Govt. of Andhra Pradesh, Revenue (UC.I) Department, Secretariat Buildings, Hyderabad, rep. by its Principal Secretary. 3 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 4 The A.P. Housing Board, rep. by its Vice Chairman & Managing Director, M.J. Market, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ, Order or direction more particularly one in the nature of writ of Mandamus (a) declaring the G.O.Ms.No. 942, dated 02-08-2008 issued by the 2nd respondent by allotting the land to an extent of 22,399.64 Sq. Mts ( Ac. (5.21 Gts) in Sy.No. 44 of Malkajgiri Village & Mandal, Ranga Reddy District to the A.P.Housing Board, Hyderabad, A.P., i.E. 4th Respondent herein as illegal, arbitrary, null and void, contrary to mandatory provisions of the Urban Land ( Ceiling and Regulation ) Act 1976, contrary to G.O.Ms.No. 603, dated 22-04-2008 and circular memo, dated 24.04.2008 and in violation of principles of natural justice, deemed to be non-set and violation of Art. 300-A of Constitution of India and consequently to quash the G.O.Ms.No. 942, dated 02-08-2008, (b) Declaring the action of the Respondents No.1 & 2 in not passing any order exempting the land in favour of the petitioners under Section 20 of the Act to an extent of 22,399.64 Sq.Mts in Sy.44/1 and 44/2 of Malkajgiri Village & Mandal, Ranga Reddy District under G.O.Ms.No. 456, dated 29-07-2002 in -pursuance of our application, dated 21-03-2006 and subsequent letter dated 30-03-2006 as illegal, contrary to the provisions of G.O.ms.No. 456, dated 29-07-2002 and in violation of principles of natural justice and Art. 300-A of constitution of India, (c) Declaring that the land to an extent of 22,399.64 Sq.mts in Sy.no. 44/1 and 44/2 of Malkajgiri Village & Mandal, Ranga Reddy District shall be vested with the petitioners since proceedings under section 10 (6) of Urban Land ( Ceiling & Regulation ) Act, 1976 have not been initiated and completed and that the possession of said land has not been taken and that the proceedings before the 1st respondent atre abated in terms of the G.O.Ms.No. 603, dated 22-04-2008 and Circular Memo dated 24-04-2008 and to passsuch other order or orders as this Hon'ble Court may deem ﬁt and proper in the Circumstances of the case. (d) Direct the respondents’ No.1 & 2 to refund an amount of Rs. 1,20,58,900/- along with interest which was deposited by way of Demand Drafts by the petitioner along with the covering letter, dated30-03-2006 under G.O.Ms.No. 456, for exemption, since the proceedings before the 1st respondent are abated and the above said land vested with the petitioners by virtue of the G.O.Ms.No. 603, dated 22-04-2008 and Circular Memo, dated 24-04-2008. Counsel for the Petitioners: MR.KANAKAMEDALA RAVINDRA KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Learned counsel for the petitioners submits that the petitioners want to withdraw the writ petition in view of the memo issued by the Government vide Memo No.44298/UC.IV/2008-2 dated 3.10.2008 informing the petitioners that they will consider the application ﬁled by them for regularization of the subject matter of land subject to withdrawal of the writ petition. In the circumstances, permission is granted and the writ petition is dismissed as withdrawn. However, the petitioners are at liberty to revive the writ petition in the event the application submitted by them is not considered as per memo dated 3.10.2008. N.V.RAMANA,J DT.20.10.2008 msv