IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6527 of 2008 Between: 1 Ch.Wining Rao, S/o.Ananda Rao,Hindu, R/o.Door No.43-106/17-1,Plot No.45, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 2 Smt.Madhura Saraswathi, W/o.Late Lakshiminarayana Reddy,Hindu, R/o.Door No.43-106/1-5,Plot No.5, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 3 K.Ramesh, S/o.Nageswara Rao,Hindu, R/o.Door No.43-106/17-2,Plot No.44, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 4 Smt.Y.Lalitha Sanjeevi, W/o.Srinivas Murthy,Hindu, R/o.Door No.43-106/1-26,Plot No.55, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 5 Smt.Badugu Vijaya Kumari, W/o.Prasad,Hindu, R/o.Door No.43-106/1-101,Plot No.101, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 6 A.Anjaneyulu, S/o.Bapaiah,Hindu, Plot No.7, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 7 Smt.A.Veeraraghavamma, W/o.K.Gangaiah,Hindu, R/o.Door No.43-107/1-27,Plot No.102, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 8 Smt.Y.Sasendramani, W/o.Subba Rao,Hindu, R/o.Door No.43-107/1-27,Plot No.102, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 9 G.Guruvulu, S/o.Thata Garu,Hindu, R/o.Door No.43-106/1-57,Plot No.39, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 10 Smt.K.Rathnam, W/o.late Bangaraju,Hindu, Plot No.69, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 11 M.Lakshmi Narayana Reddy, S/o.Ramanarayana Reddy,Hindu, Plot No.88, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. 12 Smt.P.VijayaLakshmi, W/o.Satyanarayana,Hindu, Assessment No.315,K/139,Plot No.100, Andhra Patrika Employees Cooperative Building Society Ltd. Colony, Ajit singh Nagar, Vijayawada- 520 015. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep by its Secretary, Revenue(UCII) Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Krishna, Machilipatnam, 3 The Special Officer and Competent Authority, ULC, Governerpet, Vijayawada. 4 The Mandal Revenue Officer, Vijayawada Urban, Vijayawada. 5 The Vijayawada Municipal Corporation, rep by its commissioner, Jawaharlal Nehru Buildings, Vijayawada. .....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 issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring theaction of the respondent No.1 in withdraswing theexemption granted through G.O.MS.No.381, Revenue,(UC I) Department, dated 12.03.1982 by issuing G.O.MS.No.741, Revenue (U.C I),Department, dated 4.8.1993 as illegal andultra vires to the provisions of article 14 ,21 and 300-A of the Constitution of India and also mandatory provisions of Urban Land Ceiling Act framed therein on the subject besides being violative of principles of natural justice, consequnetially restrainint therespondentsnot to interfere with the posession and enjoyment oftherespective plots, byk therespective petitionrs, thedetails of which are furnished in the annexure filed along with thewrit petition, and pass Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA W.P.M.P. NO. 21652 OF 2008 AND WRIT PETITION NO.6527 OF 2008 ORAL ORDER: This writ petition is filed seeking the following relief: “to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.1 in withdrawing the exemption granted through G.O.MS.No.381, Revenue,(UC I) Department, dated 12.03.1982 by issuing G.O.MS.No.741, Revenue (U.C I),Department, dated 4.8.1993 as illegal and ultra vires to the provisions of article 14 ,21 and 300-A of the Constitution of India and also mandatory provisions of Urban Land Ceiling Act framed therein on the subject besides being violative of principles of natural justice, consequentially restraining the respondents not to interfere with the possession and enjoyment of the respective plots, by the respective petitioners, the details of which are furnished in the annexure filed along with the writ petition, and pass such other or further orders as this Hon’ble Court may deem fit in the circumstances of the case.” This Court, on 27.03.2008, while admitting the writ petition, has passed the following interim order in W.P.M.P. No. 8522 of 2008. “Status quo obtaining as on today shall be maintained by the parties. Notice.” Now, the petitioners filed W.P.M.P. No.21652 of 2008, seeking to withdraw the writ petition with liberty to pursue their remedies in the light of G.O. Ms. No. 747, Revenue (UC.I) Department, dated 18.06.2008, inter alia, stating that in pursuance of issuance of said G.O. by the 1st respondent-Government, they filed applications before the respondents for regularization of their occupation in respect of the lands in question, and therefore, to enable the respondents to consider their applications, they want to withdraw the writ petition. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4 and the learned Standing Counsel for respondent No.5-Municipal Corporation. The learned Assistant Government Pleader for Revenue has expressed no objection for allowing the said application. In view of the no objection expressed by the learned Assistant Government Pleader for Revenue, the W.P.M.P. No. 21652 of 2008 is allowed. Accordingly, the writ petition is dismissed as withdrawn granting liberty to the petitioners to pursue their remedies in the light of G.O. Ms. No. 747, Revenue (UC.I) Department, dated 18.06.2008. Till final orders are passed by the respondents on the applications, said to have been made by the petitioners, status quo order already granted by this Court on 27.03.2008 shall continue. No costs. ______________ N.V.RAMANA, J. Date: 08.08.2008 VGSR