IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 14616 of 2008 Between: 1 Cherlakola Ravinder Reddy S/o Late Chinna Reddy, 2 B. Venkat Reddy S/o Late Bheem Reddy 3 P. Vijaya Mohan Reddy S/o Mr. Venkatram Reddy ..... Petitioners AND 1. Government of Andhra Pradesh, rep.by its Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad 2. Special Officer-cum-Competent Authority, Urban land Ceiling , III Floor, Chandravihar Building, Mukramjahi Road, Hyderabad. 3. The District Collector, Collectorate, Station Road, Hyderabad. 4. Tahsildar, Amberpet Mandal, Hyderabad District. 5. Parvathi Constructions (A Regd. Partnership Firm) rep.by Managing Partner Medam Pandu s/o. Rangaiah, r/o. Flat No.104, The Legend Apartments, D.No. 3-6-784, Street No. 14, Himayathnagar, Hyderabad. (Respondent No. 5 is impleaded as per court order dt. 24-9-2008 in WPMP.No.25292/2008) (Prayer is amended as per court order dt. 24-9-2008 in WPMP.No.20672/2008) .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents No.2 in not granting NOC in favour of the petitioners in order to obtain building permission from the Municipal Authorities as illegal, arbitrary and unjust and also declare the action of the 2nd respondent in restoring to regularize the land in favour of persons other than the petitioners under G.O..Ms, No. 455 Rev (U.C.I) Dept., dated 29-07-2002, as illegal, arbitrary and contrary to G.O.Ms. No. 455 dated 29-7-2002; The petition coming on for hearing, upon perusing the petition and the affidavit filed and the order of the High Court dated 9-07-2008 made in WPMP.NO. 18859 of 2008 and upon hearing the arguments of SRI N. BHARAT BABU, Advocate for the Petitioners and of the Govt. Pleader for Assignment for the respondents 1 to 4 and of Sri B. Venkata Rama Rao Advocate for the respondent No.5, the Court made the following: ORDER: The learned G.P. for Assignment will state on instructions or by an additional affidavit, if so advised, whether the provisions of G.O.Ms.No. 455, Revenue dated 29-07-2002 would apply to urban lands which have been processed through the stage of proceedings U/sec. 10(5) of the ULC Act 1976 and of which possession has already been taken by the State Government and would divest the State of its title and vestiture in favour of persons who are in occupation or facile ownership of such property either as a declarant or as having inherited title through the declarant whose surplus urban lands have been the subject matter of such proceedings upto the stage of Section 10 (5) proceedings. Post on 13-07-2009. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, Revenue Department, Govt. of A.P. Secretariat Buildings, Saifabad, Hyderabad 2. The Special Officer-cum-Competent Authority, Urban land Ceiling , III Floor, Chandravihar Building, Mukramjahi Road, Hyderabad. 3. The District Collector, Collectorate, Station Road, Hyderabad. 4. Tahsildar, Amberpet Mandal, Hyderabad District. 5. Medam Pandu s/o. Rangaiah, Managing Partner, Parvathi Constructions (A Regd. Partnership Firm) r/o. Flat No.104, The Legend Apartments, D.No. 3-6-784, Street No. 14, Himayathnagar, Hyderabad. (1 to 5 by RPAD) 6. 2 CCs to the G.P. for Assignment, High court of A.P.Hyd.(BY SPL. MESSENGER) 7. One C.C.to Sri N. Bharat Babu Advocate. (OPUC) 8. one spare copy. HIGH COURT GR.J DATED 1-07-2009 POST ON 13-07-2009 ORDER W.P.NO. 14616 OF 2008 DIRECTION Bsr Dt. 2-7-2009 HIGH COURT GR.J DATED 1-07-2009 POST ON 13-07-2009 ORDER W.P.NO. 14616 OF 2008 DIRECTION