IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA W.P.M.P. NO. 20957 OF 2008 and WRIT PETITION NO : 26685 of 2007 Between: 1 P. Satyanarayana, S/o. Venkateshwara Rao, HIndu, R/O. D.NO. 43-107/1-36, Plot No.40, andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 2 Penumalla Gurunatham, S/o. Late Panduranga Rao, R/O. D.NO. 43-107/1-36, Plot No.40, andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 3 G. Veeraiah, S/o. Gangaiah, Hindu, R/O. D.NO. 43-107/1-36, Plot No.25, andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 4 J. MOhan Rao, S/o. Late Venkatappaiah, Hindu, R/O. 42-106-1/137, Plot No. 11, Andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 5 Ch. Satyanarayana Raju, S/o. Govindaraju, Hindu, No Avocation, Plot No. 63, Andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 6 N. Nagender Singh, S/o. N. Ram Singh, Hindu, R/o. Door No. 43-107-22A, Plot No. 113, Andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 7 G. Arjun Singh, S/o. Subba Rao, Hindu, Plot No.23, R/o. Door No. 43-106/1-23A, Andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 8 W. Sandeep, S/o. Sudhakar Rao, Hindu, R/o. Door No. 43-106/1-97, Plot No. 71, Andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 9 V.V. Durga Prasad, S/o. late Nageshwara Sastry, Hindu, R/o. Door No. 43-106/1-19, Plot No. 33, Andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 10 P.V. Ramana Murthy, S/o. Ramachandra Murthy, Hindu, R/o. plot No. 67, Door No. 43-150-11, Andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 11 Y. Kanaka durga, W/o. Y.V. Ramamohana Chalapathi Sastry, Hindu, R/o. Door No. 43-106/1, Plot No.6, Andhra Patrika Employees Cooperative Building Society Limited Colony, Ajit Singh Nagar, Vijayawada - 5200 025 ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Revenue (UC II) Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Krishna, Machilipatnam. 3 The Special Officer and Competent Authority, ULC, Governerpet, Vijayawada. 4 The Mandal Revenue Officer, Vijayawada Urban, Vijayawada. 5 The Vijayawada Municipal Corporation, Rep. by its Commissioner, Jawaharlal Nehru Buildings, Vijayawada. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ, order or direction, more particularly onein thenature of Writ of Mandamus, declaring the action of the respondent No.1 in withdrawing the exemption granted through G.OMs.No. 381, Revenue (UC I) Department, dated 12-3-1982 by issuing G.Oms.No. 741, Revenue (U.C.I) Department, dated 4-8-1993 as illegal and ultra vires to the provisions of Article 14, 21 and 300- A of the Consitution of India and also mandatory provisions of Urban Land Ceiling Act framed threin on the subject besides being violative of principles of natural justice, consequentially restraining the respondents not tointerfere with the possession and enjoyment of the respective plots, by the respective petitioners, the details of which are furnished int he annexure ﬁled along with the Writ Petition, and pass Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA W.P.M.P. No. 20957 of 2008 and Writ Petition No. 26685 of 2007 Order: This writ petition is filed seeking the following relief: “To issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondent No.1 in withdrawing the exemption granted through G.O. Ms. No. 381, Revenue (UC.I) Department, dated 12.03.1982 by issuing G.O. Ms. No. 741, Revenue (UC.I) Department, dated 04.08.1993, as illegal and ultra vires to the provisions of Articles 14, 21 and 300-A of the Constitution of India and also mandatory provisions of Urban Land Ceiling Act framed therein on the subject besides being violative of principles of natural justice, consequentially restraining the respondents not to interfere with the possession and enjoyment of the respective plots by the respective petitioners, the details of which are furnished in the Annexure filed along with the writ petition.” This Court, on 13.12.2007, while admitting the writ petition, has passed the following interim order in W.P.M.P. No. 34818 of 2007. “It is stated that pursuant to grant of exemption, transfers are made in favour of petitioners, who purchased individual sites and constructed houses also. Pending further orders, respondents are directed to maintain status quo obtaining as on today, with regard to possession and construction of houses in the properties covered by the impugned order.” Now, the petitioners ﬁled W.P.M.P. No. 20957 of 2008, seeking to withdraw the writ petition with liberty to pursue their remedies in the light of G.O. Ms. No. 747, Revenue (UC.I) Department, dated 18.06.2008, inter alia, stating that in pursuance of issuance of said G.O. by the 1st respondent- Government, they ﬁled applications before the respondents for regularization of their occupation in respect of the lands in question, and therefore, to enable the respondents to consider their applications, they want to withdraw the writ petition. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4 and the learned Standing Counsel for respondent No.5- Municipal Corporation. The learned Assistant Government Pleader for Revenue has expressed no objection for allowing the said application. In view of the no objection expressed by the learned Assistant Government Pleader for Revenue, the W.P.M.P. No. 20957 of 2008 is allowed. Accordingly, the writ petition is dismissed as withdrawn granting liberty to the petitioners to pursue their remedies in the light of G.O. Ms. No. 747, Revenue (UC.I) Department, dated 18.06.2008. Till ﬁnal orders are passed by the respondents on the applications, said to have been made by the petitioners, status quo order already granted by this Court on 13.12.2007 shall continue. No costs. ___________________ N.V. RAMANA, J. Date: 28.07.2008 Nsr