IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 15035 of 2000 Between: 1. M/s. Vijaya Durga Brass Rolling Mills, Rep. by its Proprietor V.Madhava Rao, (died per Lrs) S/o.Subba Rao, B.4, Unit, Intustrial Estate, Vijayawada-7, Krishna District. 2. Smt Vissamsetti Janaki Rama Sundari, w/o. late V.Madhava Rao 3. Sri Vissamsetti D.Sampath Kumar, s/o. late V.Madhava Rao 4. Sri Vissamsetti Vijay Kumar, s/o. Late V.Madhava Rao 5. Smt P.Leela Madhuri, d/o. late V.Madhava Rao (Petitioners 2 to 5 are impleaded as per orders dated 13.10.2008 passed by this Court in W.P.M.P.No.16917 of 2007) ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The Special Officer and Competent Authority, Urban Land Ceiling, Vijayawada, Krishna District. 3 The Andhra Pradesh Industrial Infrastructure Corporation Limited, Rep. by its Vice Chairman & Managing Director, Parishram Bhavan, 6th Floor, Basheerbagh, 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 may be pleased to issue a writ, order or direction particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents 1 and 2 in not granting exemption to the petitioner in respect of land admeasuring 1050 Sq.mtrs situated in Survey Nos.173 to 177 and 180 in Industrial Estate, Vijayawada-7, Krishna District in pursuance of G.O.Ms.No.436, dt:23.4.1986 as also all the proceedings culminating into consequential proceedings under section 11(8), dt:27.5.2000 under Urban Land (Ceiling & Regulation) Act, 1976 as being illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner in respect of the said extent of land and pass such other order or orders as this Hon'ble Court may deem fit and just. Counsel for the Petitioners: MR.KANAKAMEDALA RAVINDRA KUMAR Counsel for the Respondents: AGP FOR REVENUE FOR R1 & R2, SRI C.KRISHNA KISHORE FOR SRI K.V.SIMHADRI FOR R3. The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15035 of 2000 ORDER: With the consent of the learned counsel for the parties, the writ petition is taken up for hearing and disposal at the interlocutory stage. 2. This writ petition is ﬁled seeking quashing of proceedings initiated against the petitioners in respect of 1050 sq. metres of land situated in Sy.Nos.173 to 177 and 180 in Industrial Estate, Vijayawada-7, Krishna District, under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 (for short ‘the Act’). 3. In the aﬃdavit ﬁled on behalf of respondent Nos.1 to 3, it is submitted that the proceedings initiated under the Act were at Section 8(4) stage when the writ petition was ﬁled and also at the time of ﬁling of the aﬃdavit on 21.07.2008 and that possession of the surplus land was not taken over under Section 10(6) of the Act. It is further stated that the Act was repealed with the adoption of Urban Land (Ceiling & Regulation) Repeal Act, 1999 (for short ‘the Repeal Act’) by the Andhra Pradesh State legislature vide its resolution dated 27.03.2008 and published in A.P.Gazette part 1 Extraordinary No.207, dated 22.04.2008. 4. Since proceedings under Section 10(3) of the Act were not issued, consequently the land has not got vested with the Government. It is, therefore, fairly conceded by the learned Assistant Government Pleader for Revenue (Assignments) and also the learned counsel representing A.P.I.I.C. that following the Repeal Act, the impugned proceedings issued against the petitioners stand abated. 5. The writ petition is, accordingly, disposed of. As a sequel to disposal of the writ petition, WPMP.No.19080 of 2000 is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY,J 13.10.2008 v v