IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT APPEAL N0: 1111 of 1999 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 03/02/1999 in WP No: 11184 OF 1993 on the file of the High Court.) BETWEEN: State of Andhra Pradesh, rep by Principal Secretary to Government, Revenue Department, Secretariat, Hyderabad. ... APPELLANT AND 1 Commissioner of Land Reforms & Urban Land Ceiling, Andhra Pradesh, Hyderabad. 2 The Special Tahsildar (Land Acquisition) Defence, Visakhapatnam. 3 B.S. Sastry, S/o B.L.C. Sastry, C/o Sri B.L.C. Sastry, Advocate Boganbilla, 94- Venkatechala Mudali St, Mylapore, Madras-04 4 B. Lakshmikantha Chandrasekhara Sastry, S/o Late Suryanarayana Sastry, C/o Sri B.L.C. sastry Advocate, Boganbilla, 94- Venkatechala Mudali St, Mylapore, Madras-04 5 B. Suryanarayana sastry, S/o Late B.S.K. Sastry, C/o Sri B.L.C. Sastry, Advocate, Bonganbilla, 94- Venkatechala Mudali St., Mylapore, Madras -04 6 B.S.K. Sastry, S/o Late Suryanarayana Sasrty, C/o Sri B.L.C. Sastry (Advocate), Boganbilla, 94- Venkatechala Mudali St., Mylapore, Madras-04 7 B. Sreerama Sastry, S/o B.S.K. Sastry, C/o Sri B.L.C. Sastry (Advocate), Boganbilla, 94- Venkatechala Mudali St., Mylapore, Madras-04 8 Union Of India, rep by Defence Ministry, New Delhi. ...RESPONDENTS Counsel for the Appellant: THE ADVOCATE GENERAL Counsel for the Respondents: MR.D.V.SITARAMAMURTHY The Court made the following: JUDGMENT: (per Hon’ble Sri Justice V. Eswaraiah) As against the orders of the appellate authority under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’) i.e. The Commissioner of Land Reforms and Urban Land Ceilings dated 27.02.1987 in allowing the appeals of the respondents 3 to 7 ﬁled against the orders passed by the Special Oﬃcer and Competent Authority, Urban Land Ceilings, Visakhapatnam, passed under Section 8(4) of the Act holding that the lands in question, which are under the occupation of Naval Institution, will not come within the purview of vacant land and the provisions under Section 19(ii) of the Act will not attract, the State ﬁled W.P.No.11184 of 1993 and the learned Single Judge of this Court by order dated 03.02.1999 dismissed the writ petition. Aggrieved by the said order the State of Andhra Pradesh preferred this appeal. 2. Learned Advocate General appearing on behalf of the State submits that the lands in question have not been taken over possession by the Government and the lands have not been vested with the Government. He further submits that in view of the repeal of the Act itself pursuant to the notiﬁcation of the Government, the provisions of the Act are not in force and if that be so, the question of continuing the proceedings under the Act does not arise. Therefore, the appeal itself abates. Recording the above submission, the writ appeal stands dismissed as abated. There shall be no order as to costs. ______________ V. ESWARAIAH, J _________________ G.V. SEETHAPATHY, J October 13, 2008 DSK