IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20623 of 2002 Between: P.Appa Rao S/o. Late Venkata Swamy R/o. Vidyanagar, Visakhapatnam District. ..... PETITIONER AND 1 The Chief commissioner of Land Administration Govt of A.P. Hyderabad. 2 The Special Officer/Competent Authority Urban Land Ceiling, Visakhapatnam district. .....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 a Writ, order or direction more particularly one in the nature of Writ of Certorari calling for the records pertaining to the impugned proceedings No.VSP/240/95, Dt.27.6.2002(Communicated to the Counsel for the petitioner on 5.8.2002) and set Aside the same by declaring it as highly illegal, arbitrary and violative of Art.14 of the Constitution of India and also contrary to the provision of Urban Land (Ceiling & Regulation) act and set aside the same by allowing the claim of the petitioner for exemption to an extent of 1839 Sq.Mtrs. situated in Kapparada Village, Visakhapatnam (Urban) and pass. Counsel for the Petitioner:MR.EATHAKOTA VENKATA RAO Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 20623 of 2002 O R D E R: This writ petition is filed challenging the order passed by the second respondent-Special Officer, Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 dated 10-10-1995 declaring the petitioner herein as surplus land holder as confirmed on appeal by the first respondent by order dated 27-06-2002. This Court, while directing Rule nisi, by order dated 11-10-2002 granted interim stay of all further proceedings pursuant to the impugned orders. I have heard the learned counsel for both the parties. Learned counsel for the petitioner at the outset submitted that in view of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 which was adopted by the Government of Andhra Pradesh w.e.f. 22-04-2008 the impugned orders passed by the 1st and 2nd respondents ceased to be in force. The Urban Land (Ceiling & Regulation) Repeal Act, 1999 (Central Act 15/1999) under which the Urban Land (Ceiling and Regulation) Act, 1976 was repealed, has been adopted in the State of Andhra Pradesh by passing a resolution by the A.P.State Legislature on 27-03-2008 and accordingly, the Urban Land (Ceiling & Regulation) Repeal Act, 1999 has come into force in the State of Andhra Pradesh w.e.f. 27-03-2008. Subsequently, the Government of Andhra Pradesh issued certain instructions vide Circular Memo dated 24-04-2008 with regard to the implementation of the Urban Land (Ceiling & Regulation) Repeal Act, 1999. On a combined reading of the Central Act 15 of 1999 together with the instructions issued by the Government of Andhra Pradesh, it is clear that all pending cases in different stages under Sections 8(1), 8(4), 10(1), 10(3) and Section 10(5) shall stand abated. The fact that as on today the petitioner is continuing in possession of the surplus land has not been disputed by the respondents. In the circumstances, the Repeal Act, 15 of 1999 is applicable and accordingly, the writ petition is disposed of declaring that the impugned orders passed by the respondents 1 and 2 dated 10-10- 1995 and 27-06-2002 respectively ceased to be in force. No costs. ______________ G. ROHINI,J Date: 28-01-2009 KLP