IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.16394 of 2003 Between: 1. T.G.Naidu s/o Chenchaiah R/o A/620, Allwyn Colony., Kukatpally.,R.R.District. 2. A.R.Srinivas s/o Ramulu R/o 4-54-29., Jagathgirigutta., Quthbullapur., R.R.District. .....Petitioners And 1. The Special Officer & Competent Authority, Urban Land Ceiling., Hyderabad. 2. The District Collector, Ranga Reddy District., Lakadikapool., Hyderabad. 3. The Sub-Registrar, Kukatpally, R.R.District. 4. The Muncipal Commissioner, Kukatpally, Ranga Reddy District. 5. The Mandal Revenue Officer, Balanagar Mandal., Ranga Reddy District. 6. The Secretary, Dept. of Revenue, Secretariat Buildings, Hyderabad. 7. The Principal Secretary, Govt. of A.P., Hyderabad. 8. M.Venkateswara Rao, Minister of School Education, 9. K. Sreenivasa Reddy S/o. K. Kodanda Reddy R/o. 2-22-12/A, Kaveri Nagar, Vivekananda Nagar Colony, Road No.34, Kukatpally, Hyderabad. 10.Smt. C. Venkata Ramanamma, W/o. K.L.N. Reddy, 2-22-12/B, Kaveri Nagar, Vivekananda Nagar, Kukatpally, Hyderabad. 11.T. Rajan Kumar, S/o. T.R.K. Murthy, R/o. Flat No. 506, Bhavana Residency, HIG 433, KPHB Colony, Kukatpally, Hyderabad. 12. U. Venkateswara Rao, S/o. Yellaiah, R/o. Polukonda, Nandiwada Mandal, Gudivada, Krishna District. 13. M.V. Prasada Rao, S/o. late M. Subba Rao, Plot No. 25, New City Colony, Bapujinagar, New Bowenpally, Secunderabad. (Respondents 9 to13 impleaded as per court order dt.8-7-2007 in WPMP 10753 of 2007) .....Respondents 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 issue an order or orders more particularly one in the nature of Writ of Mandamus declaring the in-action of the respondents herein to protect the ceiling land by vide proceeding No.G1/11718/76, G1/11721/76, G1/11722/76, dated 20-09-1990 in Survey No.115 of Kukatpally, Balanagar Mandal, R.R.District as illegal, arbitrary and contrary to the aims and objectives of Urban land (Ceiling & Regulation) Act, 1976, and violation of Art.14 and 21 of the Constitution of India. Counsel for the petitioners : Sri C.B.Ram Mohan Reddy Counsel for respondent Nos.1 to 3 : Govt. Pleader for Assignment and 5 to 7 Counsel for respondent No.8 : Sri D. Prakash Reddy, Senior Advocate, assisted by Sri Harender Pershad. Counsel for respondent Nos.9 to 13 : Sri Srinivasa Rao Velivela The Court made the following : ORDER: (per Anil R. Dave, C.J.) This is a petition in the nature of public interest litigation wherein the petitioners have alleged that the Government has failed to protect the lands which have been declared surplus under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’) by an Order No.01/11718/ 76, dated 20.9.1990. The learned Advocate appearing for the petitioners has submitted that possession of the lands which have been declared surplus had been subsequently regularised by virtue of G.O.Ms.No.1328, Revenue (UC.II) Department, dated 17.12.2003 in favour of 16 individuals, who have been named in the said G.O. It has been further submitted that the persons in whose favour regularisation has been granted under the Act are not respondents in this petition, but an application, being WPMP.No.15943 of 2004, had been made so as to implead those 16 beneficiaries as respondents in the petition, but the same has been dismissed. In view of the fact that the said beneficiaries are not respondents in the present petition, in our opinion, no order can be passed in this petition because any order passed in favour of the petitioners would adversely affect those 16 beneficiaries whose possession has been regularised under the provisions of the Act by virtue of G.O.Ms.No.1328, dated 17.12.2003. In view of the above facts, without going into the merits of the matter, as the petition suffers from non-joinder of necessary parties, it is dismissed. ANIL R. DAVE, C.J. 26th March, 2008 R.SUBHASH REDDY, J. ….REGISTRAR ARS