IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 27748 of 2007 Between: 1 Chilla Rama Rao Reddy, s/o late Ramulu, Resident of D.No.4-21-21, Peda Waltair, Visakhapatnam. 2 Chilla Rami Reddy, s/o late Lakshman Reddy, Resident of Peda Waltair, Visakhapatnam. 3 Chilla Desi Reddy, S/o late Lakshman Reddy, Resident of Peda Waltair, Visakhapatnam. 4 Nidrabhangi Lakshmana Reddy, S/o late Rama Swamy, D.No.4-21-14/a, peda Waltair, Visakhapatnam. 5 Nidrabhangi Ranga Reddy, S/o late Rama Swamy, D.No.4-21-14/C, peda Waltair, Visakhapatnam. 6 Chilla Appalakondamma, w/o late Chinnayya Reddy, Hindu, resident of Peda Waltair, Visakhapatnam. 7 Chilla Venu Gopal Reddy, s/o late Chinnayya Reddy, Resident of Peda Waltair, Visakhapatnam. 8 Chilla Maruti Rami Reddy, S/o of late Chinnayya Reddy, Resident of Peda Waltair, Visakhapatnam. 9 Kolli Appa Rao, S/o late Somulu, R/at Door No.10/155, S.Kota Vizianagaram District. ..... PETITIONER(S) AND 1 The Special Officer, Competent Authority (Urban Land Ceiling) Visakhapatnam. 2 District Collector, Maharanipeta, Visakhapatnam. 3 The Government of Andhra Pradesh, represented by Principal Secretary, Revenue Department, Secretariat, Hyderabad, A.P., .....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 issue an appropriate writ, order or direction, more particularly in the nature of Writ of Mandamus, directing the 1st respondent to dispose of the declarations of the Writ Petitioners filed under ULC Act as expeditiously as possible in accordance with law without reference to instructions that may be issued by the 2nd and 3rd respondents in the matter of disposal of the declarations and pass such other order or orders as may be deem fit and proper in the facts and circumstances of the case in the interest of justice. Counsel for the Petitioner:MR.S.CHAKRAPANI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 27748 of 2007 ORDER: The petitioners seek to issue a Writ of Mandamus, directing the Special Officer-cum-Competent Authority, Urban Land Ceiling, Visakhapatnam, the 1st respondent herein, to dispose of the declarations filed by them, which are pending in file No.1/ 2006/C2, under the Urban Land (Ceiling and Regulation) Act, as expeditiously as possible, in accordance with law. It is the case of the petitioners that they applied for grant of pattas, in respect of the lands admeasuring Ac.3.50 cents, situated in T.S.No.52/1/b/1, under the provisions of the Estates Abolition Act (for short ‘the Act’) and the same were granted by the Commissioner of Survey, Settlement and Land Records vide proceedings No.V3/2942/1981, dated 26-05-1982. While so, the Government vide its G.O.Ms.No.793, dated 13-10-1998, had set aside the order of the Commissioner, dated 26-05-1982. Aggrieved by the said order, the petitioners filed W.P.No.4174 of 1999, and this Court allowed the writ petition, setting aside the order of the Government, upholding the order of the Commissioner of Survey, Settlement and Land Records. Against the said judgment of this Court, Writ Appeal No.1421 of 2000 was filed, and the Division Bench of this Court dismissed the writ appeal, through its judgment dated 01-10-2002, against which S.L.P.C.C. Civil No.10105 of 2003 preferred by the State, was also dismissed. It is submitted by the learned counsel for the petitioners that, one Machireddy Eswaribai and others litigated the matter and their attempt to get rights in the subject-property, under the Act, was rejected by the Settlement Officer. It is stated that subsequently, the petitioners filed declarations before the 1st respondent and the same were received vide receipt Nos.RKBH 0021961 to RKBH 0021962, dated 21-12-2006, and that they are pending in file No.1/06/C2, but, however, the said declarations have not been processed and disposed of, so far, without any justification. The petitioners, therefore, seek a Writ of Mandamus, directing the 1st respondent to consider and dispose of the said declarations. On the other hand, learned Government Pleader for Revenue, after obtaining instructions, submits that some litigation is pending before the Civil Court, at the instance of the third party, and therefore, the declarations could not be considered and disposed of. In my opinion, in the absence of any Court orders, restraining the 1st respondent, Special Officer, to consider and dispose of the declarations, there cannot be any justification in keeping the declarations pending, indefinitely. Having regard to the facts and circumstances of the case, the writ petition is disposed of, directing the 1st respondent, Special Officer, to consider and dispose of the declarations filed by the petitioners, independently, without any advice from the superior authorities, or waiting for any orders from any corner; within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ________________ V.ESWARAIAH, J. Dt.26-02-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}