THE HONOURABLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 2999 of 2006 Dated: 24-02-2011 Between: M.S.V.Prasada Rao …Petitioner and The Government of Andhra Pradesh, rep. by its Special Chief Secretary, Revenue (UGC) Department, Hyderabad and others …Respondents. Order: The writ petition is directed against the order of the State Government in G.O.Ms.No.1533, Revenue (UC.I) Department dated 10-8-2005. The petitioner inherited the schedule property of an extent of Ac.5-25 cents in NTS No. 22, Block No.8, Ward No.16 of Machavaram village of Vijayawada under a will executed by his grand father Jasti Sanaiah. Sanaiah, during his lifetime filed a declaration under Section 6 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’). The competent authority, by the order dated 27-6-1980 in C.C.No.2403/76 declared Sanaiah to be having 19,746 Sq. meters of land in excess of the ceiling limit. Sanaiah preferred an appeal against the said order, but withdrew the same. Thereafter due process was followed and possession of the property was resumed by the State in 1985 itself. Asserting that the land in question is agricultural land, the petitioner made a representation on 10-11-1998, 7-12-1999 and 21-7-2000 to declare the alleged excess land of 19,746 Sq. meters to be agricultural land and therefore outside the purview of the Ceiling Act. Thereafter the competent authority passed a revised order in C.C.No.2403/76, on 18-12-2000 under Section 8(4) of the Act holding that since the land is used mainly for agricultural purpose and is classified as an agricultural land in revenue records it is outside the purview of the Act. Despite the order of the competent authority dated 18-12-2000, as possession of the land was not delivered to the petitioner, he filed W.P.No. 34 of 2002 for redelivery of possession. Thereafter the 1st respondent, by proceedings dated 11-10-2002 directed the petitioner to show cause why the order dated 18-12-2000 of the competent authority reversing its own earlier order dated 27-6- 1980 in C.C.No. 2403/76 be not reviewed on the ground of incompetence of the 3rd respondent to have renewed its own order. Eventually the impugned order in G.O.Ms.No. 1533 dated 10-8-2005 is issued. It is clear from the order of the Government that the land in NTS No.22 of Machavaram village was reserved for non-agricultural purpose in the Master Plan and at no time was it ever classified as an agricultural land. On the basis of the fact revealed from the record, the 1st respondent, by the impugned order dated 10-8-2005 rejected the claim of the petitioner, set aside the order of the Special Officer dated 18-12-2000 in exercise of the power of the Government under Section 34 of the Act and restored all the State actions taken pursuant to the initial determination of excess land by the earlier order of the competent authority dated 27-6-1980 in C.C.No. 2403/76. In the facts and circumstances of the case and particularly as the petitioner is unable to marshal any evidence in support of his contention that the land is an agricultural land and in view of the clear and unambiguous findings in the order of the Government that the land is not agricultural land as per the Master Plan reservation, no case is made out for interference in this writ petition. The writ petition is accordingly dismissed. No costs. _______________________ GODA RAGHURAM, J 24th February, 2011. GRR