IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI W.P.M.P.(SR).No.94316 of 2008 and WRIT PETITION No.9977 of 2006 Between: M.Anitha, w/o M.B.Praveen Kumar, r/o Plot No.1109/A, Road No.55, Jubilee Hills, Hyderabad. ..... PETITIONER AND 1 State of A.P., through Commissioner, Revenue (Endowments) Department, Secretariat, Hyderabad represented by its Secretary. 2 The Commissioner, Endowments Department, Boggulakunta, Tilak Road, Hyderabad. 3 The Deputy Commissioner, Endowments Department, Boggulakunta, Tilak Road, Hyderabad. 4 The Fit Person, Sri Gurukul Ghatkesar Trust, Ghatkesar Village and Mandal, Ranga Reddy District. 5 The Special Officer-cum-Competent Authority, Urban Land Ceiling, Hyderabad. .....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 of mandamus or direction declaring the action of the respondents in seeking to dispossess the petitioner from the schedule plot bearing No.269, admeasuring 417 sq.yds. situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District forming part of Sy.Nos.11/8, 11/9, 11/10 and 11/11 part of Sy.No.11, without disposing off the application for regularization submitted by Sri Swamy Aayappa Coop. Housing Society as being illegal, arbitrary and unconstitutional and declare the order dt.10-10-2005 in proc.No.H1/4933/76 HI/177/77 and consequential 10(5) Gazette notification dt.8-12-2005 as illegal, arbitrary and unconstitutional and pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR. B.VIJAYSEN REDDY Counsel for the Respondents : GP FOR ENDOWMENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI W.P.M.P.(SR).No.94316 of 2008 and WRIT PETITION No.9977 of 2006 ORDER : The petitioner herein claims to be the absolute owner and possessor of Plot bearing No.269 admeasuring 417 sq. yards at Khanamet Village, Serilingampally Mandal, R.R. District, having purchased the same under a Registered Sale Deed, dated 20.8.1982 from Sri Swamy Ayyappa Co-operative Housing Society Limited. The main writ petition is filed seeking a declaration that the action of the respondents in seeking to dispossess the petitioner from the plot in question without disposing of the application for regularization submitted by Sri Swamy Ayyappa Co- operative Housing Society Limited as arbitrary and illegal. This Court while issuing Rule Nisi, by order dated 24.5.2006 ordered status quo obtaining as on that date shall be maintained. The petitioner has now come up with WPMP(SR).No.94316 of 2008 seeking permission to withdraw the writ petition stating that during pendency of this writ petition, G.O.Ms.No.747, Revenue (UCI) Department, dated 18.6.2008 has been issued for regularization of the plots and one of the conditions imposed is that the cases relating to the property, if any, shall be withdrawn. The petitioner further states that she opts to apply for regularization under G.O.Ms.No.747, dated 18.6.2008 and therefore she may be permitted to withdraw the main writ petition with liberty to file fresh writ petition on the basis of the same cause of action in the event of her request for regularization is rejected. Having heard the learned counsel for both the parties and having regard to the facts and circumstances of the case, particularly G.O.Ms.No.747, dated 18.6.2008 which has been issued during the pendency of this writ petition, the Writ Petition is dismissed as withdrawn with liberty to the petitioner to file fresh writ petition on the basis of the same cause of action in case necessity thereof arises. No costs. ______________ G. ROHINI, J. Dt. 25.08.2008 gbs