IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY Writ Petition Nos.21809 of 2005 and 2275 of 2006 Writ Petition Nos.21809 of 2005: Between: Ramakrishna Bhaskar Rao G and four others. … Petitioners And State of Andhra Pradesh, Municipal Administration and Urban Land Ceiling Department, Secretariat, Hyderabad, reptd., by the Principal Secretary and five others. … Respondents Counsel for the petitioners: Sri B.Nalini Kumar. Counsel for respondents: AGP for Revenue (Assignments) for R.1 to R.4 & R.6. Sri O.Manoher Reddy for R.5 Writ Petition Nos.2275 of 2006: Between: K.Koteswara Rao and another. … Petitioners And State of Andhra Pradesh, Municipal Administration and Urban Land Ceiling Department, Secretariat, Hyderabad, reptd., by the Principal Secretary and five others. … Respondents Counsel for the petitioners: Sri B.Nalini Kumar. Counsel for respondents: AGP for Revenue (Assignments) for R.1 to R.4 & R.6. Sri O.Manoher Reddy for R.5 This Court made the following: COMMON ORDER: Since these two Writ Petitions involve common issues, they are heard and being disposed of together. These two Writ Petitions are filed for multiple reliefs as shown in “(a), (b) and (c)” in the prayer. At the hearing, Sri B.Nalini Kumar, learned counsel for the petitioners, submitted that the prayers made in “(a) and (b)” have become infructuous in view of fresh survey having been conducted after filing of the Writ Petitions. As regards the prayer in “(c)” - wherein the petitioners sought for a direction to the respondents not to pass adverse orders on the applications submitted by them as per G.O.Ms.No.455, dated 29-7-2002, except after giving prior notice and opportunity of being heard and also not to interfere with their possession – the learned counsel for the petitioners submitted that notices under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short “the 1976 Act”) were issued on 27-12-2007 and possession of the land was taken on 14-3-2008. The learned counsel, however, submitted that the petitioners made their applications for alienation of land under G.O.Ms.No.455, Revenue (UC.I) Department, dated 29-7-2002 between June, 2005 and August, 2005 and that their applications are pending. He submitted that the petitioners would be satisfied if respondent No.2 is directed to consider and dispose of their applications in accordance with G.O.Ms.No.455 dated 29-7-2002. At the hearing, the issue whether the petitioners are entitled to consideration of their applications in accordance with the said G.O., or G.O.Ms.No.747, Revenue (UC.I) Department, dated 18-6-2008 has cropped up. According to the learned counsel for the petitioners, G.O.Ms.No.615, Revenue (UC.I) Department, dated 26-4-2008 applies to the petitioners and, therefore, they are entitled to the benefit of G.O.Ms.No.455. The learned Assistant Government Pleader for Revenue (Assignments), however, stated that in view of G.O.Ms.No.747, dated 18-6-2008, the cases of the petitioners can only be considered under the said G.O. The Andhra Pradesh State Legislature passed a resolution on 27-3-2008 by adopting the Urban Land (Ceiling & Regulation) Repeal Act, 1999 passed by the Parliament, with effect from 27-3-2008. Following the said resolution, the State Government issued G.O.Ms.No.615, Revenue (UC.I) Department, dated 26-4-2008, wherein having considered several representations received from the public it has decided to settle the pending applications as on 27-3- 2008 in which possession is taken by the Government under Section 10(6) of the Principal Act “by taking the slab rates at which they filed applications before 31-3- 2006”. Later, the Government issued G.O.Ms.No.747, dated 18-6-2008. A perusal of the said G.O., shows that the same was issued after considering the representations received from the public to extend the benefit of G.O.Ms.Nos.455 and 456, dated 29-7-2002. It is mentioned therein that the Government decided to reissue the scheme for allotment of excess lands to the third parties in occupation/land owners and accordingly it formulated the guidelines mentioned therein for allotment of excess lands, which were vested with the Government and possession of which was taken over by it under the provisions of the 1976 Act. It is mentioned in the said G.O., that the same was issued in respect of those persons who have not utilized the benefit available under G.O.Ms.Nos.455 and 456 and also to the cases in which land was declared surplus after 1-4-2006. Admittedly, last date for making applications for availing the benefit under G.O.Ms.Nos.455 and 456 was extended from time to time and last of such extensions was made upto 31-3-2006. It is also seen from G.O.Ms.No.747 that none of the earlier G.Os., including G.O.Ms.No.615 dated 26-4-2008, was superseded. That, G.O.Ms.No.747 is intended to apply to those persons who did not avail the benefit of G.O.Ms.Nos.455 and 456 is clearly evident from unnumbered paragraph 4 at page No.2 of the said G.O., which categorically stated that representations were received to extend the benefit to those who have not utilized the benefit under the said two G.Os., and also to those whose cases were decided after 1-4-2006. From these circumstances, I am of the view that as the petitioners have already availed the opportunity of applying for the benefit under G.O.Ms.No.455 even before the State Legislature repealed the 1976 Act, their cases are squarely covered by G.O.Ms.No.615 dated 26-4-2008 and not by G.O.Ms.No.747 dated 18-6-2008 as it has no application to them. With the above observations, both the Writ Petitions are disposed of with the direction to respondent No.2 to consider and dispose of the applications of the petitioners for the benefit under G.O.Ms.No.455 dated 29-7-2002 read with G.O.Ms.No.615 dated 26-4-2008 within a period of eight weeks from the date of receipt of a copy of this order. --------------------------------------- - C.V.NAGARJUNA REDDY, J Date:15-07-2008 MNR