IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1194 of 2006 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 14/08/2006 in WP NO : 16809 OF 2006 on the file of the High Court.) Between: 1 M/s. Goldstone Exports Pvt Ltd., Regd. Office 9-1-83&84, A.C. Sharma Complex, S.D.Road, Secunderabad, rep. by its Director. 2 Mrs. Indrani Prasad, W/o.Dr. P.S.Prasad, R/o. 506, Amarchand Sharma Complex, S.D.Road, Secunderabad. 3 M/s. Goldstone Engineering Ltd., Regd. Office 9-1-83 & 84, A.C. Sharma Complex, S.D. Road, Secunderabad, rep. by its Director. 4 M/s. Golkonda Extrusions Pvt. Ltd., Regd. Office: 9-1- 83&84, A.C. Sharma Complex, S.D.Road, Secunderabad, rep. by its Director. 5 Ms. R. Annapurana, W/o.R. Manga Babu, R/o.5--54-126, 6/14, Bradipet, Guntur. 6 Mrs. M.Parvathy, W/o.M. Bhaskar Rao, R/o. 1-5-14/1, Masab Tank, Hyderabad. 7 Ms. M.Deepathi, D/o. M. Bhaskar rao, R/o. 1-5-14/1, Masab Tank, Hyderabad. 8 Mrs. shakeela Baig, W/o.Nazeer Baig, R/o. Banjara hills, Hyderabad. 9 Mr. P.S. Parthasarthy, S/o.Late P.S.Rao, R/o. Gulmohar Amrutha Valley, Banjara Hills, Hyderabad. 10 M/s. India Telecom Finance Corporation Ltd., Regd. Office:9-1-83&84, A.C.Sharma Complex, S.D.Road, Secunderabad rep. by its Director. 11 M/s. Kirthi Anurag Investments Pvt Ltd., Regd. Office:9-1- 83 & 84, A.C.Sharma Complex, S.D.Road, Secunderabad, rep. by its Director. 12 M/s. Kirthi Anurag Investments Pvt Ltd., Regd. Office : 9- 1-83 & 84, A.C.Sharma Complex, S.D.road, Secunderabad, rep. by its Director. 13 M/s. Jayasree AGencies Pvt. Ltd., Regd. Office, 9-1-83 & 84 , A.C.Sharma Complex, S.D.Road, Secudnerabad, rep. by its Director 14 M/s. Sai Kirthi Constructions Pvt. Ltd., Regd. Office: 9-1- 83 & 84, A.C.Sharma Complex, S.D.Road, Secunderabad, rep. by its Director. 15 Sri Pawan Estates Pvt Ltd., Regd. Office 9-1-83&84, A.C.Sharma complex, S.D.Road, Secudnerabad, rep. byits Director. 16 M/s. Greater Golkonda Estates Pvt Ltd., Regd. Office: 9-1- 83 & 84, A.C. Sharma Complex, S.D.Road, Secunderabad, rep. by its Director. ..... APPELLANTS AND 1 The Joint collector-II, Ranga Reddy District, at 177, Khairatabad, Hyderabad. 2 The mandal Revenue Officer, Balanagar mandal, R.R.District. 3 The Government of A.P., Revenue Department, Secretariat, Hyderabad. .....RESPONDENTS Counsel for the Petitioners: MR.Vedula Venkatramana Counsel for the Respondents: GP for Revenue The Court made the following : HON'BLE SRI JUSTICE B.PRAKASH RAO and HON'BLE SRI JUSTICE R. KANTHA RAO WRIT APPEAL No.1194 of 2006 JUDGMENT: (per Hon’ble Sri Justice B.Prakash Rao) Heard Sri Vedula Venkatramana, learned counsel appearing for the appellants and the learned Government Pleader for Revenue, appearing for the respondents, and at their request, the main appeal itself is taken up for disposal at the stage of admission. The appellants herein are the unsuccessful writ petitioners in Writ Petition No.16809 of 2006. The appellants ﬁled the said writ petition aggrieved by the issuance of show cause notice, dated 04.08.2006, by the ﬁrst respondent herein, purported to be issued in exercise of the powers under the provisions of A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’), mainly on the ground that the mutation which has been given eﬀect to earlier requires revision since it gets aﬀected by the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. Learned Single Judge having taken into consideration the respective submissions, dismissed the said writ petition on 14.08.2006, mainly on the ground that the notice, dated 04.08.2006, is only a show cause notice and therefore, the same does not warrant any interference by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. Hence, the present writ appeal. Heard the learned counsel appearing on either side and perused the material on record. There is no dispute as regards the fact that having regard to the very repelling of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, the objection was sought to be raised by the ﬁrst respondent, and therefore, issuance of the show cause notice in exercise of the provisions under the Act no more subsists. Except mentioning about the objection under Urban Land (Ceiling and Regulation) Act, 1976, no other objections were raised in the said show cause notice. In view of the above, the entire proceedings do not stand either in law or on facts. The writ appeal is, accordingly, allowed and the order, dated 14.08.2006, passed by the learned Single Judge of this Court in Writ Petition No.16809 of 2006 is set aside and consequently, the notice in case No.D5/3861/2006, dated 04.08.2006, issued by the first respondent, is also set aside. No order as to costs. During the course of arguments, it is submitted by learned counsel appearing for the appellants that though the appellants made an application for grant of certiﬁed copies of pahanies, the same were not yet issued by the authorities concerned. In view of setting aside of the notice, dated 04.08.2006, issued by the ﬁrst respondent, there is no impediment in considering the said application ﬁled by the appellants in issuing the certified copies of the said document. ___________________ B.PRAKASH RAO, J ___________________ R.KANTHA RAO, J 15.11.2008 Note: Issue CC in one week. B/o dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Joint collector-II, Ranga Reddy District, at 177, Khairatabad, Hyderabad. 2 The mandal Revenue Officer, Balanagar mandal, R.R.District. 3 The Government of A.P., Revenue Department, Secretariat, Hyderabad. 4 2 CCS to Government Pleader for Revenue, High Court Buildings, Hyderabad, (OUT) 5 2CD copies