IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA W.P.M.P.No.20087 of 2008 and WRIT PETITION NO : 60 of 2008 Between: 1 U.Pichi Raju, S/o.Lakshmipathi Raju, Hindu, R/o.Polt No.28 Door No.43-106/1-28, Andhra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 2 Smt.B.Annapurna, W/o.Subramanyam, Hindu, R/o.Polt No.95, Door No.43-106/1-42, Andhra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 3 Smt.Susmitha, W/o.Bhanu Prasad, R/o.Polt No.14 Door No.43-106/1-136, Andhra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 4 K.Rajeswari@ Rajeswaramma, W/o.Subbaiah, Hindu, R/o.Polt No.14 Door No.43-107/1-17A, Andhra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 5 Smt.M.Renuka Devi, W/o.Murali, R/o.Polt No.14 Door No.43-106/1-20 &43-106/1- 30,Andhra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 6 Smt.Baby Sarojini, W/o.Venkateswara Rao, Hindu, R/o.Polt No.96 Door No.43-100-9,Andra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 7 Smt.N.Sri Devi, W/o.Sreenivas, Hindu, R/o.Polt No.87Door No.43-107/1-38,Andra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 8 P.Sambasiva Rao, S/o.Sreenivasa, Hindu, R/o.Polt No.104Door No.43-106/1-110,Andra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 9 Smt.A.Siva Kumari, W/o.Nagabhushanam, Hindu, R/o.Polt No.89Door No.43-106/1-37,Andra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 10 Smt.Y.Siva Revathi, W/o.Venkateswara Kumar, Hindu, R/o.Polt No.81Door No.43-106/1-18,Andra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 11 Y.Venkateswara Kumar, S/o.Radha Krishna,Hindu, R/o.Polt No.112Door No.43-106/1-76,Andra Patrika Employees Cooperative Building Society Ltd.Colony Ajit Singh Nagar,Vijayawada-520015 ..... PETITIONERS AND 1 The Govt of A.P, Rep.by its Secretary,Revenue(UCII) Department, Secretariat Buildings,Hyd 2 The Dist Collector, Krishna,Machilipatnam 3 The Special Officer and Competent Authority,ULC Government,Vijayawada 4 The Mandal Revenue Officer, Vijayawada Urban Vijawada 5 The Vijayawada Municipal Corporation,Rep.by its Commissioner,Jawaharlal Nehru Buildings,Vijayawada .....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, declaring the action of the respondent No.1 in withdrawing the exemption granted through G.O.Ms.No.381, Revenue(UC 1) epartment,dt.12-03-1982 by issuing G.O.Ms.No.741, Revenue(U.C.I) Department,dt.4-8- 1993 as illegal and ultra vires to the provisions of Article 14,21 and 300-A of the Constitution of India and also mandatory provisions of Urban Land of natural justice, consequently restraining the respondents not to interfere with the possession and enjoyment of the respective plots by the respective petitioners the details of which are furnished in the annexure ﬁled along with the writ petition, and to pass such other order or orders. Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The writ petition is filed seeking the following relief: “To issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondent No.1 in withdrawing the exemption granted through G.O.Ms.No.381, Revenue, (U.C.I), Department, dated 04.08.1993, as illegal and ultra virus to the provision of Articles 14, 21 and 300-A of the Constitution of India and also mandatory provisions of the Urban Land Ceiling Act framed therein on the subject besides being violative of principles of natural justice, consequently, restraining the respondents not to interfere with the possession and enjoyment of the respective plots, by the respective petitioners, the details of which are furnished in the annexure ﬁled along with the writ petition…” This Court, on 04.01.2008, while admitting the writ petition, has passed the following interim order in W.P.M.P. No. 61 of 2008. “Learned Assistant Government Pleader for Revenue takes notice and requests time to ﬁle counter affidavit. In the facts and circumstances of the case, there shall be a direction to the respondents to maintain status quo as on today with regard to possession and construction of the properties belonging to the petitioners covered by G.O. Ms. No. 381, dated 12.03.1982, pending further orders.” Now, the petitioners ﬁled W.P.M.P. No. 20087 of 2008, seeking to withdraw the writ petition with liberty to pursue their remedies in the light of G.O. Ms. No. 747, Revenue (UC.I) Department, dated 18.06.2008, inter alia stating that in pursuance of issuance of said G.O. by the 1st respondent-Government, they ﬁled applications before the respondents for regularization of their occupation in respect of the lands in question, and therefore, to enable the respondents to consider their applications they want to withdraw the writ petition. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4 and the learned Standing Counsel for respondent No.5-Municipal Corporation. The learned Assistant Government Pleader for Revenue has expressed no objection for allowing the said application. In view of the no objection expressed by the learned Assistant Government Pleader for Revenue, the W.P.M.P. No.20087 of 2008 is allowed. Accordingly, the writ petition is dismissed as withdrawn granting liberty to the petitioners to pursue their remedies in the light of G.O.Ms.No.747, dated 18.06.2008. Till ﬁnal orders are passed by the respondents on the applications, said to have been made by the petitioners, status quo order already granted by this Court on 04.01.2008 shall continue. No costs. _____________ N.V.RAMANA, J. Dated:23.07.2008 GJ