IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 22295 of 2002 Between: 1 K.Krishna Reddy, S/o.Late K.Narayana Reddy, R/o.Macha Bolarum Village, Ranga Reddy District. 2 Rukkamma, D/o.Late K.Narayan Reddy, R/o.Macha Bolarum Village, Ranga Reddy District. 3 Kamalamma, D/o.Late K.Narayana Reddy, R/o.Macha Bolarum Village, Ranga Reddy District. 4 Pushpamma, D/o.Late K.Narayana Reddy, R/o.Macha Bolarum Village, Ranga Reddy District. 5 Sarojini, D/o.Late K.Narayana Reddy, R/o.Macha Bolarum Village, Ranga Reddy District. ..... PETITIONERS AND 1 Commissioner-Appeals (ULC), Office of the Chief Commissioner of Land Administration, Hyderabad, Andhra Pradesh. 2 Special Officer & Competent Authority, Urban Land Ceiling, 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 of Certiorari or any other appropriate writ or writs, order or direction, calling for the records pertaining to the order dt:29.8.2002 passed in Appeal in Hyd/1780/88 on the file of the 1st respondent confirming the order dt:31.5.88 in C.C.No.G1/2737/1976 on the file of the 2nd respondent and quash the said orders by declaring the same as illegal, arbitrary, violative of statutory provisions under Urban Land (Ceiling & Regulation) Act, 1976 and in violation of principles of natural justice and to pass. Counsel for the Petitioner: MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: GP FOR LAND CEILING The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 22295 of 2002 O R D E R: The petitioners herein are the legal representatives of one K.Narayan Reddy. This writ petition is filed assailing the order passed by the Special Officer and Competent Authority under Section 8(4) of the Urban Land (Ceiling & Regulation) Act, 1976 (for short ‘the Act’) dated 31-05-1988 as confirmed on appeal by the first respondent by order dated 29-08-2002 thereby declaring that K.Narayana Reddy, is a surplus holder. This Court, while directing Rule nisi, by order dated 08-11-2002 granted interim stay of all further proceedings pursuant to the impugned orders. I have heard the learned counsel for both the parties. Learned counsel for the petitioners at the outset submitted that in view of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 which was adopted by the Government of Andhra Pradesh w.e.f. 22-04-2008 the impugned orders passed by the 1st and 2nd respondents ceased to be in force. The Urban Land (Ceiling & Regulation) Repeal Act, 1999 (Central Act 15/1999) under which the Urban Land (Ceiling and Regulation) Act, 1976 was repealed, has been adopted in the State of Andhra Pradesh by passing a resolution by the A.P.State Legislature on 27-03-2008 and accordingly, the Urban Land (Ceiling & Regulation) Repeal Act, 1999 has come into force in the State of Andhra Pradesh w.e.f. 27-03-2008. Subsequently, the Government of Andhra Pradesh issued certain instructions vide Circular Memo dated 24-04-2008 with regard to the implementation of the Urban Land (Ceiling & Regulation) Repeal Act, 1999. On a combined reading of the Central Act 15 of 1999 together with the instructions issued by the Government of Andhra Pradesh, it is clear that all pending cases in different stages under Sections 8(1), 8(4), 10(1), 10(3) and Section 10(5) shall stand abated. The fact that as on today the petitioners are continuing in possession of the surplus land has not been disputed by the respondents. In the circumstances, the Repeal Act, 15 of 1999 is applicable and accordingly, the writ petition is disposed of declaring that the impugned orders passed by the respondents 1 and 2 dated 29-08- 2002 and 31-05-1988 respectively ceased to be in force. No costs. ______________ G. ROHINI,J Date: 18-12-2008 KLP