IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION Nos.18751, 18817, 18819, 18866, 19761 and 19792 OF 2008 BETWEEN Abdul Sayeed and Others ... PETITIONER AND The Government of Andhra Pradesh, Rep by its Secretary, Revenue Department, Secretariat, Hyderabad and Others ...RESPONDENTS Counsel for the Petitioner: MR. B. VIJAYSEN REDDY Counsel for the Respondents: GP FOR REVENUE GP FOR ASSIGNMENT The Court made the following: COMMON ORDER: The petitioners in these cases assail the notices issued under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act of 1976’). By virtue of the status quo orders granted by this Court, the petitioners are continuing in possession. 2. The petitioners in all these cases claim title over the land in their possession through one Smt. Batul Fatima. The case of the Government is that proceedings were initiated under the Act of 1976 against the said Smt. Batul Fatima, which ultimately led to the issuance of the impugned notices under Section 10(5) of the Act of 1976. 3. It is now brought to my notice that this Court by order dated 23.03.2009 in WP.No.15997 of 2008, taking note of the fact that Smt. Batul Fatima expired on 03.01.2000 long prior to the initiation of proceedings under the Act of 1976, held that the said proceedings were void abinitio having been instituted against a dead person. 4. In that view of the matter, the consequential notices issued under Section 10(5) of the Act of 1976 based on the proceedings initiated against late Smt. Batul Fatima cannot be sustained. Further, in view of the repeal of the Act of 1976 with effect from 27.03.2008, the proceedings would automatically abate. The writ petitions are accordingly allowed setting aside the notices issued under Section 10(5) of the Act of 1976. In the circumstances, there shall be no order as to costs. ______________ SANJAY KUMAR, J February 9, 2011 SP/DSK