IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 1186 of 2009 Between: 1 L. Mohan Reddy S/o. Late Janga Reddy R/o. ICRISAT., Patancheru, Medak District. 2 L. Damodhar Reddy S/o. Late Janga Reddy R/o. Kismathpura, Rajendra Nagar Mandal, Ranga Reddy District. ..... PETITIONERS AND 1 The Principal Secretary to Government of Andhra Pradesh Revenue (UCI) Department Secretariat, Hyderabad. 2 The Special Officer & Competent Authority Urban Land Ceiling Chandra Vihar, Nampally, Hyderabad. .....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 any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus directing the respondents herein to refund the sum of Rs.18,92,920/- along with interest which has been deposited by the petitioners with the respondents herein on 1-4-2006 in C.C.No.12369/76 with Sl.No.D/456/13/06 forthwith in the interest of justice and equity. Counsel for the Petitioners :MR.V.TULASI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioners claim to be the owners of land in survey No.148 of Kismathpura Village, admeasuring about 7 acres of land. Approximately, Acs.2.00 of land was declared as excess under the provisions of the A.P. Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’). The petitioners have been pursuing their remedies, as regards the same. The Government issued G.O.No.456, dated 29.07.2002, providing for regularization of excess land under the Act, subject to certain conditions. With a view to avail such benefit, the petitioners submitted an application and deposited a sum of Rs.18,92,920/-, on 01.04.2006, through pay order, dated 13.03.2006. W.P.Nos.5415 of 2004 and 8083 of 2006, which were filed by the petitioners, were allowed, and thereby, the lands were no longer in excess of ceiling limits, particularly in view of repeal of the Act itself. The petitioners submitted a representation, dated 01.09.2008, with a request to refund the amount deposited by them. Their grievance is that no action has been taken thereon. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. The petitioners intended to avail the benefit under the G.O., almost as an alternative measure and deposited the amount. With the orders passed by this Court in W.P.Nos.5415 of 2004 and 8083 of 2006, the necessity for the petitioners to seek regularization did not survive. Naturally, they made an application to refund the amount. The Government is under obligation to refund the amount. Hardly, any adjudication, or determination, becomes necessary, in this context. The reason is that it is for the petitioners to seek the benefit under the G.O. In case they do not intend to claim it, they are always entitled to seek refund of the amount. Hence, the Writ Petition is disposed of, directing the first respondent to take necessary steps on the representation made by the petitioners on 01.09.2008, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J Dated:29.01.2009. GJ