IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 36149 of 1998 Between: 1 Nemuri Srinivas Rao, (Died), S/o. N. Balraj, R/o. 9-109, Lothukunta, Secunderabad. 2 N.Anuradha, W/o. Late N.Srinivasa Rao R/o. 9-109, Lothukunta, Secunderabad. (Petitioners 2 to 4 are brought on record as L.R.S of the deceased sole Petitioner as per Court Order dt.29.2.2000 in WPMP 31242/99) 3 N. Sai Venkataramana, S/o. N. Srinivas Rao, R/o. 9-109, Lothukunta, Secunderabad. (Petitioners 2 to 4 are brought on record as L.R.S of the deceased sole Petitioner as per Court Order dt.29.2.2000 in WPMP 31242/99) 4 N. Sai Nagaraj, S/o. Late N. Srinivas Rao, R/o. 9-109, Lothukunta, Secunderabad. (Petitioners 2 to 4 are brought on record as L.R.S of the deceased sole Petitioner as per Court Order dt.29.2.2000 in WPMP 31242/99) ..... PETITIONER(S) AND 1 Special Officer & Competent Authority, Urban Land Ceilings, Chandra Vihar Complex, Nampally Station Road, Hyderabad. 2 Government of Andhra Pradesh, Rep. by its Secretary, Revenue (ULC) Department, Secretariat Buildings, Hyderabad. 3 Municipal Corporation of Hyderabad, Rep. by its Commissioner, Tankbund, Hyderabad. (R3 is impleaded as per Court Order dt. 23.4.99 in WPMP 7539/99) .....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, Order or direction more particularly in the nature of WRIT OF MANDAMUS to declare all the proceedings of the 1st Respondent in CC.No.F2/7929/76 in its Orders dated 09/10/1979 issued under Section 9, Notice dated 09/10/1980 issued under Section 10(1), Notiﬁcation dated 26/10/1998 issued under Section 10(5) of the Act as null and void and to direct the respondents to dispose oﬀ the application for Exemption dated 07/08/1976 which remains pending despite directions of this Hon'ble Court in W.P.No.3400/1983 dated 18/09/1984 and to direct the 1st respondent to re-determine the holding after due opportunity to the petitioner before disposal by the Government of the Application for Exemption; and to pass such other order or orders in the interest of justice. Counsel for the Petitioner:MR.SRINIVAS POLAVARAPU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No.36149 of 1998 ORDER: The Learned Government Pleader for Assignment has produced the record which, on a direction from this Court, the Learned Government Pleader has permitted the Learned Counsel for the Petitioner to peruse. Both Sri P.Srinivas, Learned Counsel for the petitioner and the Learned Government Pleader for Assignment, after veriﬁcation of the records, would submit that consequent on the Section 10(5) notice being set aside by this Court earlier, no fresh notice was issued under Section 10 (5) of the Urban Land (Ceiling & Regulation) Act, 1976 by the respondents herein and, since possession had not been taken thereafter, the consequence of a notiﬁcation being issued by the State Government, adopting the repeal of the Urban Land (Ceiling & Regulation) Act, would result in abatement of all further proceedings. The writ petition is, accordingly, allowed. However, in the circumstances, without costs. __________ 17-9-2008 ASP