IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 26861 of 2008 Between: 1 T. Roop Kumar S/o. T.R. Krishna Goud R/o.1-11-110/98A, Shyamlal Buildings, Begumpet, Secunderabad. 2 D. Marreddy S/o. Late Show Reddy R/o.8-3-903/B, Nagarjuna nagar, Ameerpet, Hyderabad-73. ..... PETITIONER(S) AND 1 The State of A.P., rep. by Principal Secretary to Government, Revenue Department, Secretariat buildings, Hyderabad. 2 The Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, III Floor, Chandravihar, Nampally, Hyderabad. .....RESPONDENT(S) 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 to issue a writ or order more particularly one in the nature of Writ of Mandamus for directions to the respondents to forthwith arrange the payment of Rs.91,80,000/- received by the 2nd respondent as specifically mentioned in the Memo No.F1/455/1695/05, dt. 05.09.2008, which amount is lying with 2nd respondent and pass Counsel for the Petitioner:MR.C.HANUMANTHA RAO Counsel for the Respondent No.: GP FOR REVENUE AND WRIT PETITION NO : 9159 of 2009 Between: 1 Y.Ravi Prasad S/o.Late Venkata Narayana R/o. Plot No.220, Vasavi Colony, Saroornagar, Ranga Reddy District. 2 Y.Swarnalatha W/o.late Y.V.Subba Reddy R/o. Plot No.97, M.L.A. & M.P. Colony, Road No.10C, Jubilee Hills, Hyderabad. 3 Y.Veerabhadra Reddy S/o.Y.Chinna Poli Reddy R/o.7-15-10, Lawyerpet, Ongole, Prakasam District. 4 Konduru Mahidhar Reddy S/o.Sai Mohan Reddy R/o.8-2-120/A/10/A/9, Anand Sheel Enclave, Road No.14, Nandi Nagar, Banjara Hills, Hyderabad. 5 C.Abhishek S/o.C.P.Kumar R/o.Flat No.403, Challa Chambers, Himayath Nagar, Hyderabad. 6 A.Krishna Reddy S/o.late Venkat Reddy R/o.Mamidipally Village Saroornagar Mandal, Ranga Reddy District. 7 T.Narsimha Rao S/o.Venkaiah R/o.Main Road, New Nagole, Mohan Nagar, Ranga Reddy District. 8 Smt.Y.Sarada W/o.Ravi Prasad R/o. Plot No.220, Vasavi Colony, Saroornagar, Ranga Reddy District. 9 A.Sanjeeva Reddy S/o.Sanjeeva Reddy R/o. Flat No.402, Vaishnavi Apartments, Panchavati Colony Road No.3, Banjara Hills, Hyderabad. 10 D.Lakshmireddygari Nirmala W/o.D. Kirankumar Reddy R/o. Flat No.403, Vaishnavi Apartments, Panchavati Colony Road No.3, Banjara Hills, Hyderabad. 11 Kopparthy Sunil Kumar Reddy S/o.Surender Reddy R/o. Flat No.102, Vaishnavi Apartments, Panchavati Colony Road No.3, Banjara Hills, Hyderabad. 12 P.Venugopal S/o.Late Laxmaiah R/o.Flat No.210, Gangothri Apartments, Vikasnagar, Dilsukhnagar, Hyderabad. 13 A.Raghuveer Reddy S/o.Late Venkat Reddy R/o. Flat No.202, Sri Vani Apartments, Champapet, Hyderabad. 14 L.Tulasi Prasad S/o.V.Raghava Rao R/o.40-16-5, Labbipet, Vijayawada, Krishna District. 15 T. Sri Rambabu S/o.Late Lakshminarsu R/o. Flat No. 201, H.R.T. Residency, Siddarthnagar, Moghalrajapuram, Vijayawada, Krishna District. 16 Smt.K.Anuradha W/o.K.P.Prasad R/o. Flat No. 201, Sarvani Towers, Siddarthnagar, Moghalrajapuram, Vijayawada, Krishna District. 17 L.V.Raghava Rao S/o.Late Venkatappaiah R/o.40-16-5, Labbipet, Vijayawada, Krishna District. 18 L.Ravindra Rao S/o.L.V.Raghava Rao R/o.40-16-5, Labbipet, Vijayawada, Krishna District. 19 L.Lakshmi Kalyan Chakravarthy S/o.L.Tulsi Prasad R/o.40-16-5, Labbipet, Vijayawada, Krishna District. 20 Kum.L.Tejaswi D/o.L.Tulsi Prasad R/o.40-16-5, Labbipet, Vijayawada, Krishna District. 21 Rama Krishna Pachigolla S/o.late Janardhan Rao R/o. Plot No.6, Mithilanagar Colony, Road No.12, Banjara Hills, Hyderabad. 22 S.Pitchi Reddy S/o.Velgonda Reddy R/o.A5/1, Erramanzil Colony, Hyderabad. 23 Smt.M.Mallika W/o.M.Pramodh Kumar R/o. Plot No.82, Flat No.F-2, Samatha Nilayam, Srinagar Colony, Hyderabad. 24 D.L.Ravindra Reddy S/o.Venkataswamy Reddy R/o.8-2-269, Plot No.6, MLA's Colony, Road No.2, Banjara Hills, Hyderabad. 25 Ch.Seshagiri Rao S/o.Yadagiri Rao Flat No.102, Vishwapriya Apartments, Musarambagh, Hyderabad. 26 N.Narender Goud S/o.Sadanand Goud R/o.Mamidipally Village Saroornagar Mandal, Ranga Reddy District. 27 G.Rammohan Rao S/o.late Raghava Rao R/o.H.No.11-13-814/2, Road No.11, Vasavi Colony, Saroornagar, Ranga Reddy District. 28 Y.Hanuma Reddy S/o.Chinna Poli Reddy R/o. Flat No.304, Dheeraj Court, Apartments, Iskon Temple Road, Srinagar Colony, Nellore District. 29 T.N.Pavan Kumar Reddy S/o.T.N.Ramachandra Reddy R/o. Flat No. 102, Dreams Apartment, Road No.3, Banjara Hills, Hyderabad. 30 P.Chandra Pratap Reddy S/o.Late Ramanujala Reddy R/o.H.No.1-492, Z.P. Road, Kadapa District. 31 Sri.K.Sai Mohan Reddy S/o. Subbarami Reddy R/o.H.No.8-2-120/A/10/A/9, Anand Sheel Enclave, Road No.14, Nandinagar, Banjara Hills, Hyderabad. 32 P.Narsinga Rao S/o.P.Rajaiah R/o.H.No.8-4-379/64, Erragadda, Hyderabad. 33 G.Mallesh S/o.Chittari R/o.H.No.8-4-379/67, Erragadda, Hyderabad. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Special Officer and Competent Authority, Urban Land Ceiling, Nampally, Hyderabad. .....RESPONDENT(S) 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 to issue a writ of Mandamus or any other appropriate writ directing the respondents to refund the amount of Rs.91,80,000/- to the petitioners 1 to 31 which related to the regularization amount paid to the State under G.O.Ms.No.455 dated 29.07.2002 relating to the land admeasuring 28,328 square meters in Sy.No. 1007/A, Kukatpally village, Balanagar Mandal, Ranga Reddy District, along with the interest @ 18% per annum and grant such other relief or reliefs. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : COMMON ORDER: Heard Sri.C.Hanumantha Rao and Sri.V.Venkata Ramana, learned Counsel for the petitioners and the learned Government Pleader for Assignment for the respondents in the two writ petitions. W.P.No. 26861 of 2008: The petitioners seek a mandamus to the respondents forthwith to arrange payment of Rs. 91,80,000/- (Ninety one lakhs and eighty thousand only) pursuant to the Memo No. F1/455/1695/05 dt. 5.9.2008 of the 2nd respondent addressing the petitioners stating that their request for benefits under G.O.Ms.No. 455 Revenue (UC-I) Department dt. 29.7.2002 in respect of an extent of 28,328.00 Sq. Mtrs., (hereinafter referred to as ‘Schedule land’) in S.No. 1007/A of Kukatpalli village Balanagar Mandal, Ranga Reddy District having been rejected by the Government by the orders dt. 28.4.2008 wherein an order for refund of an amount of Rs. 91,80,000/- has been acceded to, the petitioners may submit an advance receipt along with Form No. 62 so as to enable refund of the said amount. The writ petition was earlier allowed as prayed for by an order dt. 16.3.2009 directing the 2nd respondent to refund the amount within four weeks from the date of the order i.e. from 16.3.2009. One Garapati Srinivas S/o: Ramakrishna Murthy filed W.P.M.P.Nos 15159 and 17478 of 2009 in this writ petition seeking review of the Judgment dt. 16.3.2009 referred to above. By the order dt. 3.7.2009 leave was granted and the Judgment dt. 16.3.2009 allowing the writ petition was recalled. W.P.No. 26861 of 2008 is therefore restored for hearing on merits. Another W.P.M.P.No. 11987 of 2009 was filed by the petitioners in W.P.No. 9159 of 2009 seeking review of the Judgment dt. 16.3.2009 allowing this writ petition but the same was dismissed as withdrawn by an order dt. 3.7.2009. The two petitioners Sri.Roop Kumar and Marreddy assert to have applied for regularization of the schedule land and to have paid an amount of Rs. 92,00,000/- (Rs ninety two lakhs only) to the 2nd respondent through banker’s cheque dt. 30.6.2007, seeking regularization under G.O.Ms.No. 455 dt. 29.7.2002. The frame work of this writ petition and substratum for the relief sought is that the 2nd respondent despite Memo dt. 5.9.2008 has failed to expeditiously refund the amount to the petitioners. Another minor grievance is that when the petitioners deposited Rs. 92,00,000/-, the refund is restricted to Rs. 91,80,000/- and Rs. 20,000/- is withheld from refund without any justification therefor. No counter affidavit has been filed by the respondents despite the writ petition having been instituted in December 2008. Such apathy by the official respondents is a regular phenomenon. This court is unable to fathom the response of the State and of the 2nd respondent in the context of its silence in traversing the averments in the writ petition. W.P.No. 9159 of 2009: There are 33 petitioners herein. The State in the Revenue Department and the Competent Authority, ULC, Nampally are arrayed as the two respondents. The petitioners seek a direction to the respondents to refund of Rs. 91,80,000/- to the petitioners 1 to 31. According to the petitioners, the petitioners 32 and 33 Sri. Narsimha Rao and Mallesh were the owners of the schedule land who filed declarations under the provisions of the Urban Land (Ceiling & Regulation) Act 1976. At the stage of proceedings under Section 8(4) of the said Act, Narsimha Rao and Mallesh are stated to have submitted an application on 30.6.2005 seeking regularization under the provisions of G.O.Ms.No. 455 dt. 29.7.2002 through their then GPA holders Roop Kumar and Marreddy, the petitioners in W.P.No. 26861 of 2008. The petitioners claim to have collectively (under an authorization to the 1st petitioner herein) deposited Rs. 91,80,000/- before the 2nd respondent through the GPAs Roop Kumar and Marreddy. It is also asserted that the GPA in favour of Roop Kumar and Marreddy was cancelled by Document dt. 31.5.2006 and that the ULC Act was repealed with effect from 28.3.2008. This writ petition is filed as a counterblast to W.P.No. 26861 of 2008. The petitioners 1 to 31 claim to be purchasers of the schedule land from petitioners 32 and 33 under registered sale deeds and thus entitled to the amount deposited with the 2nd respondent for regularization under G.O.Ms.No. 455 dt. 29.7.2002, a process that is now aborted in view of the rejection by the State Government of the request for regularization. According to the petitioners, by a proceeding No. F455/1695/SA/05 dt. 7.4.2009, the 2nd respondent addressed the petitioners 32 and 33 (who claim to be the owners and to have filed declarations under the ULC Act) to address the 2nd respondent whether they have any objection to refund of the amount of Rs. 91,80,000/- in favour of the petitioners in W.P.No. 26861 of 2008 i.e. Roop Kumar and Marreddy, who applied for refund of the amount. The 2nd respondent thus recognizes the potential interest of the petitioners 32 and 33 and their locus to lodge objections to refund of Rs. 91,80,000/- to Roop Kumar and Marreddy. From the framework of the two writ petitions, it is apparent that the respective parties are competing for refund in their favour of Rs. 91,80,000/- which the State and the Competent Authority, ULC seek to refund, since the request for regularization under the G.O.Ms.No. 455 Dt. 29.7.2002 was rejected. Who among the two sets of claimants or which of the competing claimants are entitled to refund of the amount is an aspect that must first concern the respondents i.e. the State and the Competent Authority, ULC. If the State or the ULC, as the case may be, refund the amount to a claimant or claimants not lawfully so entitled in law then and in that event the State will be mulcted with the potential of another claim for refund by the person lawfully entitled. This is a litigative potential that the respondents must guard against, as fiduciaries of the public exchequer. At any rate, this Court is not called upon and is not inclined to determine in these writ petitions which of the competing claimants are entitled to refund of the amount. The first call on this competing claims must be made by the respondents. The writ petitions are accordingly disposed of directing the respondents to consider and dispose of the competing claims for refund of Rs. 91,80,000/- deposited along with the application dt. 30.6.2005 seeking regularization of the schedule land under the provisions of G.O.Ms.No. 455 dt. 29.7.2002. As the amount is pending with the State and thereby causing financial detriment to the rightful claimants, the respondents are directed to expeditiously consider and pass orders on the competing claims, preferably within a period of six months from the date of receipt of a copy of this order. No order as to costs. ___________________ GODA RAGHURAM,J 28.7.2009. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 26861 of 2008 & W.P.No.9159 of 2009. Dated: 28.7.2009.