THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL NO :1683 of 2004 Date: 18.12.2009 Between: M/s. Srinivasa Industries and others. ..... APPELLANTS AND Special Officer & Competent Authority, Urban Land Ceiling and others. .....RESPONDENTS THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL NO :1683 of 2004 ORAL JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is directed against the order passed in Writ Appeal No. 585 of 1995, dated 9.9.2004. The appellants/writ petitioners filed the aforementioned writ petition before the learned single judge challenging the notice dated 3.3.1995 issued by the 1st respondent through which the appellants were directed to surrender/deliver the vacant possession of the land admeasuring 1266.84 sq. mtrs. Situated in Plot No. 34(P), Industrial Development Area , Balanagar. By the impugned order, the learned single judge, dismissed the writ petition. Hence the present appeal. When the appeal has come up for hearing, learned counsel for the appellants has filed an affidavit dated 30.11.2009 before this Court stating that the appellants are in possession of Plot No.34, admeasuring 2266.84sq meters, i.e., ½ Acre situated at Industrial Development Area(IDA), Balanagar as on the date of filing of the affidavit and are using the same for manufacture of structural fabrication of rolling shutters etc., The learned Assistant Government Pleader for Assignments has also filed a copy of the written instructions dated 15.12.2009 received from the Special Officer & Competent Authority Urban Land Ceiling, Hyderabad before this Court wherein it is stated that the file relating to the case of the appellants was not processed further and possession of surplus land had not been taken over by the time, the Urban Land Ceiling & Regulation Repeal Act, 1999 has come into force with effect from 27.3.1998. In view of the fact that the appellants are in possession of the land in question and in view of the aforesaid written instructions dated 15.12.2009 received from the Special Officer & Competent Authority, Hyderabad, the writ appeal is liable to be allowed by setting aside the impugned order of the learned single judge. Accordingly, the writ appeal is allowed. No costs. ___________________ T.MEENA KUMARI,J Date: 18th December, 2009 __________________ G. CHANDRAIAH,J pnb