IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8805 of 2009 Between: 1 K. Ashoka Vijayan S/o. N. Krishna Swamy R/o. D-28/6, Lab Quarters Kanchanbagh,Hyderabad. 2 N. Vijay S/o. M. Natesan R/o. D-7/4, Lab Quarters Kanchanbagh,Hyderabad. 3 Rajappa Methre S/o. Kanteppa Methre R/o. D 9/5, RCI Quarters RCI Campus, Vignyanakancha, Hyderabad. ..... PETITIONERS AND 1 Collector Hyderabad District, Nampally, Hyderabad. 2 Government of Andrha Pradesh Rep. by its Principal Secretary Revenue (UC.I) Department Secretariat Buildings, Hyderabad. 3 Greater Hyderabad Municipal Corporation (GHMC) Tank Bund, Hyderabad Rep. by its Commissioner & Special Officer .....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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in insisting the petitioners to submit Urban Land Ceiling Clearance Certificate Scheme for the plot No. 86, 89 & 53 in Sy.No. 46 Roshandowla Village, Saroornagar Mandal, Ranga Reddy District as illegal, arbitrary and violative of principles of natural justice consequently directing the respondents not to insist for the clearanace certificate to process the said application and pass such other orders. Counsel for the Petitioners:MR.T.V.S.PRABHAKARA RAO Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE Counsel for the Respondent No.3: Smt. Kalpana Ekbote The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 8805 of 2009 Order: The petitioners purchased plots of 200 Sq. Yards each, in Survey No. 46 of Ward No. 9, Block No. 10 of Roshanudoula Village, Saroornagar Revenue Mandal through registered sale deeds in the year 2007. It appears that the lay out of land in Survey No.46 was not proper. Recently, the Government introduced the scheme of regularization of the lay outs and constructions made without permission etc. The petitioners submitted applications before the 3rd respondent for regularization of the lay out in respect of their plots. The grievance of the petitioners is that the 3rd respondent is insisting for filing of Urban Land Ceiling Clearance Certificate. They seek appropriate directions in this regard. Heard the learned counsel for the petitioners, the learned Government Pleader for Revenue and the learned Standing Counsel for the 3rd respondent. At a time when the Urban Land (Ceiling & Regulations) Act, 1976 (for short ‘the Act’) was in force, Clearance Certificates were insisted for the purpose of according permission for construction of houses or for other related purposes. In the recent past, the Act was repealed by the Parliament in the year 1999 and the A.P. State Legislature passed a resolution adopting the same for the State of Andhra Pradesh also. The Act stood repealed vis-à- vis the State with effect from 28.3.2008. Once the Act is no longer in force, the respondents cannot insist on ‘Clearance Certificate’ under the same. Hence, the writ petition is disposed of directing the 3rd respondent to process the applications of the petitioners without insisting for production of ‘Clearance Certificate’ under the Act. No costs. _____________________ L.NARASIMHA REDDY,J Date: 28th April, 2009 Note: Furnish c.c. in 3 days B/o pnb