THE HON'BLE SRI JU STICE B.SESHASAYANA REDDY WRIT PETITION No.2420 of 2006 Date:21.07.2010 Between: The Mahalakshmi Co-operative House Building Society Limited Vijayawada. ………..Petitioner. AND The Government of A.P., Rep by its Prl. Secretary to Revenue, Secretariat, Hyderabad and others. ………Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.2420 of 2006 ORDER: This writ petition has been filed by the Mahalakshmi Co-operative House Building Society Limited, Vijayawada, represented by its President Sri Lanka Ramachndraiah, with a prayer to issue writ of Certiorari by calling the records in Appeal Nos.VJA/112/2001 and VJA/106/2001 and quash the orders issued in Appeal No.VJA/112/2001. The petitioner-society is registered under the Societies Registration Act. The society purchased an extent of 6,555 square meters (Ac.1.62 cents) of vacant land under an agreement of sale dated 27.3.1982 in R.S.No.39A of Machavaram Village at the rate of Rs.20/- per square meter from the surplus land owners (Late Sri Pedarla Narasimha Rao and his son Sri Pedarla Sivaram Prasad)-4th respondent. The society filed O.S.No.746 of 2003 on the file of the Principal Senior Civil Judge, Vijayawada for specific performance and the said suit is stated to have been pending. The present writ petition is filed assailing the order passed by the Commissioner of Appeals under the provisions of the Urban Land Ceiling Regulation Act 1976 and Rules framed thereunder. As on this day, the said Act has been repealed by the Urban Land Ceiling Act 1995 w.e.f 27.3.2008 so far as the A.P.State is concerned. When once the Urban Land Ceiling Act itself has been repealed, the orders impugned in the writ petition ceased to have any affect, since the possession has not been taken over by the competent authority. Counter affidavit is filed on behalf of the respondents 1 to 3. It is categorically stated that the possession of the surplus land has not been taken over under Section 10 (6) of the Principal Act. I may refer to the relevant counter affidavit, which reads as under:- “It is submitted in this case, the possession of the surplus land has not been taken over U/s 10 (6) of the Principal Act and statutory action has been reached up to U/s 10(5) of UL(C&R) Act, 1976 and hence further action will abate pertaining to the property covered by the Writ Petition as per the provisions under UL (C&R) Repeal Act, 1999 and the circular instructions issued by the Government.” In view of the counter, since the proceedings initiated under the provisions of the Act shall stand abated, the orders impugned in the writ petition are liable to be set aside. The proceedings, which are challenged in the writ petition shall also stand abated. Accordingly, the writ petition is disposed of. The petitioners and the respondents 4 to 7 have to work out the remedies in the civil proceedings stated to be pending. No costs. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:21.7.2010 mrb