IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION Nos. 18517, 18518, 18340, 18519, 18520, 18521, 18522, 18608 and 18609 of 2008 WRIT PETITION No. 18517 of 2008 Between: Roli Govindamma W/o. Venkata Ramana R/o.D.No.53-36-5, KRM Colony, Seethammadara, Visakhapatnam-13. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary (ULC), A.P., Hyderabad 2 The Special Officer, Urban Land Ceiling, O/o. Urban Land Ceiling, Visakhapatnam .....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 declare the Notice of the 2nd Respondent in Rc.No.130/08, dated 26.07.2008 as arbitrary and without any lawful authority or jurisdiction by issuing a writ, order or direction more particularly one in the nature of writ of mandamus and consequently to set aside the notice in Rc.No.130/08, dated 26.07.2008 in the interest of justice and pass Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondents: GP FOR REVENUE WRIT PETITION NO : 18518 of 2008 Between: 1 Adapaka Venkataratnam, W/o. Apparao, Dr. No. 53-31-2/4, K.R.M Colony Seethammadara Visakhapatnam-13 2 M.Savitri W/o.Manmadha Rao 53-29-4 K.R.M Colony Seethammadara Visakhapatnam-13 ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary (ULC), A.P., Hyderabad. 2 The Special Officer Urban Land Celing Urban land Celing Visakhapatnam .....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 declare the Notice of the 2nd respondent in Rc No.130/08 dt.26-7-2008 as arbitrary and without any lawful authority or jurisdiction by issuing a writ order or direction more particularly one in the nature of writ of Mandamus and consequently to set aside the Notice in RC No.130/8 dt.26-7-2008 in the interest of justice and pass Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent :GP FOR REVENUE WRIT PETITION NO : 18340 of 2008 Between: 1 S.Sudha Rani W/o.Srinivasa Rao R/o.D.No.20-235/4/6 Kharavela Nagar, Gopalapatnam, Visakhapatnam. 2 Y.Srinivasa Rao S/o.Venkateswara Rao R/o.D.No.19-34/6, Chandra Nagar, Gopalapatnam, Visakhapatnam. 3 A.Ramalinga Subrahmanya Sarma S/o.Venkata Satyanarayana R/o.D.No.19-51/3, Chandra Nagar, Gopalapatnam, Visakhapatnam. 4 J.Ramana Murty S/o.Rajayya R/o.D.No.19-21 Chandra Nagar, Gopalapatnam, Visakhapatnam. 5 B.Jayalaxmi W/o.Krushna Rao R/o.D.No.44-34-54/2, Nandagiri Nagar, Akkayyapalem, Visakhapatnam. 6 Pyla Narayana Rao R/o.D.No.19-17/2/1, Chandra Nagar, Gopalapatnam, Visakhapatnam. 7 I.laxmi Bai W/o.Appa Rao R/o.D.No.20-239/5, Kharavela Nagar, Gopalapatnam, Visakhapatnam. 8 V.Kannayachari S/o.Sri Rama Murthy R/o.D.No.19-17/2 Chandra Nagar, Gopalapatnam, Visakhapatnam. 9 V.Venku Naidu S/o.Nookanna R/o.D.No.19-27/1, Yellapuvanipalem, Gopalapatnam, Visakhapatnam. 10 P.Vimala W/o.Venkateswara Rao R/o.D.No.19-48/1 Chandra Nagar, Gopalapatnam, Visakhapatnam. 11 K.Venkatappa Rao S/o.Ganapati R/o.D.No.19-48/3, Chandra Nagar, Gopalapatnam, Visakhapatnam. 12 V.Malleswara Rao S/o.Guru Murty R/o.D.No.19-34/2, 19-34/3, Chandra Nagar, Gopalapatnam, Visakhapatnam. 13 S.Naga Venkata Durga Prasad S/o.Venkata Ramana R/o.D.No.19-17/3 Chandra Nagar, Gopalapatnam, Visakhapatnam. 14 Achanti Ramulamma W/o.Gampa Swamy R/o.D.No.20-231/4/1 Surya Nagar, Gopalapatnam, Visakhapatnam. 15 V.Ganesh Rao S/o.Narayana R/o.D.No.19-20/3/1 Chandra Nagar, Gopalapatnam, Visakhapatnam. 16 Sampathi Rao Gangadhar S/o.Rajanna R/o.D.No.19-27/3 Chandra Nagar, Gopalapatnam, Visakhapatnam. 17 T.Venkatachari S/o.Sanyasi Rao R/o.D.No.19-21/1 Chandra Nagar, Gopalapatnam, Visakhapatnam. 18 C.Jogiraju S/o.Suryanarayana R/o.D.No.19-51/1, 2 Chandra Nagar, Gopalapatnam, Visakhapatnam. 19 Hanumanthu Thammayya S/o.Appanna R/o.D.No.20-236/1, Kharavelanagar, Gopalapatnam, Visakhapatnam. 20 A.Sarada W/o.Rama Rao R/o.D.No.20-235/4/3, Chandra Nagar, Gopalapatnam, Visakhapatnam. 21 M.Vijayalaxmi W/o.Venugopal R/o.D.No.19-28, Chandra Nagar, Gopalapatnam, Visakhapatnam. 22 N.Narasimha Murty S/o.Rajayya R/o.D.No.19-44 to 19-48 Chandra Nagar, Gopalapatnam, Visakhapatnam. 23 N.Srinivasa Rao S/o.Venkata Rao R/o.D.No.19-20/5 Chandra Nagar, Gopalapatnam, Visakhapatnam. 24 N.Venkata Rao S/o.Venkata Swamy R/o.D.No.19-20/1 Chandra Nagar, Gopalapatnam, Visakhapatnam. 25 R.Hymavathi W/o.Bajja Rao R/o.D.No.20-235/3, Kharavela Nagar, Gopalapatnam, Visakhapatnam. 26 K.Nageswwara Rao S/o.Raja Rao R/o.D.No.20-231/4 Suryanagar, Gopalapatnam, Visakhapatnam. 27 Hanumanthu Parvati W/o.Ramalinga R/o.D.No.20-231/4/2 Suryanagar, Gopalapatnam, Visakhapatnam. 28 Shaik Abdul Rahiman W/o.Shaik Yousuf Saheb R/o.D.No.19-16/7/1 Chandra Nagar, Gopalapatnam, Visakhapatnam. 29 Polamarasetti Ramana S/o.Sanni Babu R/o.D.No.20-231 Suryanagar, Gopalapatnam, Visakhapatnam. 30 Chekuri Satyanarayana Raju S/o.Venkata Raju R/o.D.No.19-50/6/1, Chandra Nagar, Gopalapatnam, Visakhapatnam. 31 P.Chellayyamma W/o.late P.Appalakonda R/o.D.No.19-48/1, Chandra Nagar, Gopalapatnam, Visakhapatnam. ..... PETITIONER(S) AND AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary (ULC), A.P., Hyderabad. 2 The Special Officer Urban Land Celing Urban land Celing Visakhapatnam .....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 declare the Notice of the 2nd respondent in Rc No.130/08 dt.26-7-2008 as arbitrary and without any lawful authority or jurisdiction by issuing a writ order or direction more particularly one in the nature of writ of Mandamus and consequently to set aside the Notice in RC No.130/8 dt.26-7-2008 in the interest of justice and pass Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent :GP FOR REVENUE WRIT PETITION NO : 18519 of 2008 Between: 1 Chintala Sanyasi, S/o. Somulu, Dr.No. 53-37-1, K.R.M Colony Seethammadara Visakhapatnam-13 2 M.Savitri W/o.Manmadha Rao 53-29-4 K.R.M Colony Seethammadara Visakhapatnam-13 ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary (ULC), A.P., Hyderabad. 2 The Special Officer Urban Land Celing Urban land Celing Visakhapatnam .....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 declare the Notice of the 2nd respondent in Rc No.130/08 dt.26-7-2008 as arbitrary and without any lawful authority or jurisdiction by issuing a writ order or direction more particularly one in the nature of writ of Mandamus and consequently to set aside the Notice in RC No.130/8 dt.26-7-2008 in the interest of justice and pass Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent: GP FOR REVENUE WRIT PETITION NO : 18520 of 2008 Between: 1 Kakara Srikrishna S/o.Musalaiah R/o.53-37-3/1, K.R.M.Colony, Seethammadara Visakhapatnam-13 2 Smt.R.Yellaiahmma W/o.R.Mahalakshmi Dr.No.53-37-2 K.R.M.Colony, Seethammadara Visakhapatnam-13 ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its principal Secretary (ULC), AP., Hyderabad 2 The Special officer, Urban Land Ceiling,O/o.Urban Land Ceiling, Visakhapatnam .....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 declare the Notice of the 2nd respondent in Rc.No.130/2008 dated 26.7.2008 as arbitrary and without any lawful authority of jurisdiction by issuing a writ order or direction more particularly one in the nature of writ of mandamus and consequently to set aside the Notice in Rc.No.130/08 dated 26.7.2008 in the interest of justice and pass Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent: GP FOR REVENUE WRIT PETITION No.18521 of 2008 Between: 1 M.Manmadharao S/o.late Gopalam 53-29-4 K.R.M Colony Seethammadara Visakhapatnam-13 2 M.Savitri W/o.Manmadha Rao 53-29-4 K.R.M Colony Seethammadara Visakhapatnam-13 ..... PETITIONER(S) AND 1 The Govt of A.P rep.by its Secretary ULC A.P Hyd 2 The Special Officer Urban Land Celing Urban land Celing Visakhapatnam .....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 declare the Notice of the 2nd respondent in Rc No.130/08 dt.26-7-2008 as arbitrary and without any lawful authority or jurisdiction by issuing a writ order or direction more particularly one in the nature of writ of Mandamus and consequently to set aside the Notice in RC No.130/8 dt.26-7-2008 in the interest of justice and pass Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent: GP FOR REVENUE WRIT PETITION No.18522 of 2008 Between: 1 R.Mahalakshmi S/o.Yerraiah Dr.No.53-37-2 K.R.M.Colony, Seethammadara Visakhapatnam-13 2 Smt.R.Yellaiahmma W/o.R.Mahalakshmi Dr.No.53-37-2 K.R.M.Colony, Seethammadara Visakhapatnam-13 ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep.by its principal Secretary (ULC), AP., Hyderabad 2 The Special officer, Urban Land Ceiling,O/o.Urban Land Ceiling, Visakhapatnam .....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 declare the Notice of the 2nd respondent in Rc.No.130/08 dated 26.7.2008 as arbitrary, and without any lawful authority or jurisdiction by issuing a writ order or direction more particularly one in the nature of writ of mandamus and consequently to set aside the Notice in Rc.No.130/2008 dated 26.7.2008 in the interest of justice and pass Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent: GP FOR REVENUE WRIT PETITION No. 18608 of 2008 Between: 1 S. Prabhakar Rao S/o. Nagabhushan Rao R/o. D.No.20-235/4, Chandra Nagar, Gopalapatnam, Visakhapatnam. 2 S. Narayanamma W/o. Narayana Rao R/o. D.No.20-235/4, Chandra Nagar, Gopalapatnam, Visakhapatnam. ..... PETITIONER(S) AND 1 State of Andhra Pradesh, rep. by its Principal Secretary to Government Revenue Department, Secretariat, Hyderabad. 2 The Special Officer cum Comptent Authority under Urban Land Ceiling Act, Visakhapatnam. .....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 an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring as illegal, arbitrary and contrary to G.O.Ms.No.747 Revenue dated 18.06.2008 the Notice issued in Ref.No.130/08 dated -07-2008 by the 2nd respondent and issue a consequential direction to the Respondents not to insist for payment of money for regularisation and pass Counsel for the Petitioner:MR.AKA.VENKATARAMANA Counsel for the Respondent No.: GP FOR REVENUE WRIT PETITION No.18609 of 2008 Between: 1 P.V.Narasimha Charyulu S/o. Venkata Ratnam R/o. H.No. 53-36-4, KRM Colony, Seetamma Dhara, Visakhapatnam - 13 2 K.Prabhavathi W/o. Ramesh Kumar Behara R/o. H.No. 53-36-4/1, KRM Colony, Seetamma Dhara, Visakhapatnam - 13. 3 K.V.S.Raghupathi Rao, S/o. Radha Sundaram R/o. H.No. 53-36-2, KRM Colony, Seetamma Dhara, Visakhapatnam - 13. 4 Pampana Venkata Gangadhar S/o. Kameswara Rao R/o. H.No. 53-36-6, KRM Colony, Seetamma Dhara, Visakhapatnam - 13 5 G.Suryanarayana S/o. Laxmanarao R/o. H.No. 53-37-5/1, KRM Colony, Seetamma Dhara, Visakhapatnam - 13. 6 Addala Lakshmi Devi W/o. Late Narasaiah R/o. H.No. 53-34-1, KRM Colony, Seetamma Dhara, Visakhapatnam - 13. 7 K.Lalitha W/o. KVVLN Raju R/o. H.No. 53-36-5/1, KRM Colony, Seetamma Dhara, Visakhapatnam - 13. ..... PETITIONER(S) AND 1 The govt. of A.P., Rep. by its Principal Secretary (ULC), A.P., Hyd. 2 The Special Officer, Urban Land Ceiling, O/o. Urban Land Ceiling, Visakhapatnam. .....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 declare the notice of the 2nd Respondent in Rc.No. 130/08, dated 26.7.2008 issued to the Petitioners as arbitrary and without any lawful authority or jurisdiction by issuing a writ, order or Direction more particularly one in the nature of writ of Mandamus and consequently to set aside the notice in Rc.No. 130/08, dated 26.07.2008 in the interest of justice and pass Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent: GP FOR REVENUE The Court made the following: COMMON ORDER: Since the issue involved in all these writ petitions is one and the same, they are being disposed of by a common order. All these writ petitions are ﬁled by the petitioners challenging the impugned notices directing the petitioners to ﬁle applications under G.O.Ms.No.747 dated 18.6.2008 for regularization of the unauthorized constructions made by them in the surplus urban lands. It is the case of the petitioners that the lands in their possession are not surplus lands and, therefore, there is no need for them to ﬁle applications seeking regularization of their possession under G.O.Ms.No.747 dated 18.6.2008. Learned Government Pleader for Revenue submits that the impugned notices were issued to create awareness in persons who are in possession of the surplus lands and are entitled for regularization of the same in view of G.O.Ms.No.747 dated 18.6.2008. However, when the writ petitions are taken up, the learned Government Pleader has produced before this Court the instructions received by her from the Special Oﬃcer, Urban Land Ceiling, Visakhapatnam which read as under; “ It is hereby informed that the notices were issued to the parties is awakening program to utilize the G.O.Ms.No.747 dated 18.6.2008 for regularization of surplus land under Urban Land (C and R) Act, 1976. There is no mandatory provision for utilization of said notices. If the petitioners do not want to utilize this scheme under the said G.O. the notice issued by the Competent Authority will not be come into force. As such the respondent/Special Oﬃcer and Competent Authority issued notices to the parties are withdrawn and no further action will be taken under the said notices.” In view of the above, it is clear that it is not compulsory for the petitioners to make applications for regularization of their constructions in the surplus land. It is for them to decide whether to avail the beneﬁt under the G.O.Ms.No.747 dated 18.6.2008 or not. That apart, the impugned notices are withdrawn by the respondents. Therefore, no further orders are necessary in these writ petitions. They are accordingly closed. However, it is made clear that this order does not preclude the respondents from initiating action against those persons who are found to be in possession of surplus land in accordance with law. N.V.RAMANA,J Dt.28.8.2008 Msv/usd To 1 The Principal Secretary (ULC), A.P., Hyderabad 2 The Special Officer, Urban Land Ceiling, O/o. Urban Land Ceiling, Visakhapatnam 3 Two CCs to GP for Urban Land Ceiling, High Court Buildings, Hyderabad (OUT). 4 Two CD copies.