IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 893 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 11/09/2008 in W.P NO : 25864 OF 2000 on the file of the High Court.) Between: 1 Vadde Narasimha S/o.Vadde Pochaiah (died) per LRs 5 to 7 2 Vadde Bikshapathi S/o.Vadde Anjaiah 3 Vadde Ramulu S/o.Sanjanna (died) per LRs 8 to 10 4 Vadde Sankaraiah S/o.Vadde Lakshmaiah (died) 11 to 14 5 G.Venkatamma W/o.Late Vadde Narasimha G 6 G.Srisailam S/o.late Vadde Narasimha G 7 G.Ramadevi d/o.Late Vadde Narasimha G All are R/o.H.No.1-21, Gajularamaram village Quthbullapur Mandal, R.R.District 8 G.Ramulamma W/o.Late Vadde Ramulu 9 G.Yadagiri S/o.Late Vadde Ramulu G 10 G.Mallesh S/o.late Vadde Ramulu G All are R/o.H.No.1-190/1, Gajularamaram village Quthbullapur Mandal, R.R.District 11 G.Kamalamma W/o.Late Vadde Shankaraiah G 12 G.Pandu S/o.Late Vadde Shankaraiah G 13 G.Laxmiaha S/o.Late Vadde Shankaraiah G 14 G.Narasimha S/o.Late Vadde Shankaraiah G All are R/o.H.No.1-125, Gajularamaram village Quthbullapur Mandal, Ranga Reddy District petitioners 5 to 7,8 to 10 ,11 to 14 brough on record on LRs of deceased petitioners 1st,3rd ,4th as per CO dated 8.9.09 ..... APPELLANTS AND 1 Government of AP., rep.by its Special officer, Competent Authority, U.L.C.Hyderabad 2 Governmetn of AP., rep.by tis Commissioner (Appeals) O/o.The Chief Commissioner of Land Administration Hyderabad .....RESPONDENTS Counsel for the Appellant:MRS.SUJATHA V. Counsel for the Respondent No.: MR.O.MANOHER REDDY The Court made the following : HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :893 of 2009 JUDGMENT: (Per Hon’ble Sri Justice Sanjay Kumar) This appeal is filed by the unsuccessful petitioners against the order dated 11-09-2008 passed by the learned single judge dismissing their writ petition. In the writ petition, the appellants herein had challenged the proceedings dated 06-02-1999 passed by the Special Officer and Competent Authority, Urban Land Ceilings, Hyderabad under Section 8 (4) of the Urban Land (Ceiling and Regulation) Act, 1976 and the order dated 28-11-2000 passed in appeal by the Commissioner (Appeals), Office of Chief Commissioner of Land Administration, Hyderabad, confirming the said orders of the Special Officer and Competent Authority, Urban Land Celings, Hyderabad. It is relevent to note that by interim stay dated 27-12-2000 passed in the writ petition, this Court granted interim stay of all further proceedings pursuant to the orders dated 06-02-1999 pending the writ petition. The Urban Land (Ceiling and Regulation) Act, 1976 was repealed, in so far as the State of Andhra Pradesh is concerned, with effect from 27-3-2008 and generally, unless possession of the land was taken under Sectin 10 (6) of the said Act prior to the repeal of the Act, the proceedings initiated under the Act would abate. In the present case, the learned single judge did not go into the aspect of delivery of possession of the land held to be excess under the orders dated 6-2-1999 and 28-11-2000, which would be crucial to determine as to whether the proceedings would still survive. In this appeal, the appellants filed affidavit dated 20-07- 2009 stating to the effect that they still continue to be in possession. Thereupon, the learned standing counsel appearing for the Special Officer and Competent Authority, Hyderabad was asked to obtain instructions as to whether the possession of the appellants’ lands was taken over pursuant to the proceedings initiated under the Act. Today, Sri O.Manohar Reddy, learned counsel appearing for the Special Officer and Competent Authority filed an affidavit staing that the authrorities had issued a notice under Sectin 10 (5) of the Act of 1976 on 18-11-1999 and as the land holder has not surrendered the excess land within thirty (30) days, orders were issued under Section 10 (6) of the Act on 7-3-2000 and possession of the said land was said to have been taken over on 12.3.2008. Needless to state, in the light of the interim stay orders passed by this Court on 27-12-2000, it was not open to the authorities to take further steps pursuant to the order dated 06-02-1999 including any action under Section 10 (6) of the Act. The writ petition was dismissed only on 11-9-2008, by which time, the Act stood repealed in the State of Andhra Pradesh. Therefore, the alleged action of taking over the possession cannot be traced to the dismissal of the writ petiton. During the pendency of the writ petition, taking over of possession of the appellants’ land, in violation of the interim orders passed by this Court, cannot be accepted. Therefore, for all practical purposes, the Urban Land Celing Authorities had not taken legal possession of the appellants’ lands by the date of the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 in our State. Therefore, it necessarily has to be construed that the procedings initiated under the said Act in respect of the appellants’ lands abated and it is not open to the authorities under the said Act to proceed against the properties of the appellants at this stage. The writ appeal is accordingly allowed, setting aside the orders dated 11-9-2008 in W.P.No.25864 of 2000 and the orders dated 6.2.1999 and 28.11.2000 passed by the authorities under the Urban Land (Ceiling and Regulation) Act, 1976, and holding that the proceedings under the Urban Land (Ceiling and Regulation) Act initiated against the appellants’ lands stood abated pursuant of the repeal of the said Act in the State of Andhra Pradesh. There shall be no order as to costs. ___________________________ Justice T. MEENA KUMARI ________________________ Justice SANJAY KUMAR Dated 21st July, 2009. Dvs/Gurc HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :893 of 2009 (Judgment of the Division Bench delivered by Hon’ble Sri Justice Sanjay Kumar) Dated 21st July, 2009.