THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20033 of 2002 Dated:15.06.2010 Between: B.Swamy, And others. ...Petitioners And Government of Andhra Pradesh, Rep.by its Secretary to Government, Revenue Department, Secretariat Buildings, Hyderabad, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20033 of 2002 ORDER: The petitioners are legal heirs of Balaiah, who had four sons, namely, Edaiah, Gangaiah, Rajalingam and Pochaiah. Balaiah and his four sons owned agricultural lands comprised in survey Nos.202 to 212, 133, 239, 194 and 195 situated at Bodduppal and Uppal Bagath Villages. After coming into force of Urban Land (Ceiling and Regulation) Act, 1976 (the Act), the petitioners herein and others filed seven declarations under Section 6 of the Act before the second respondent. The same was processed duly treating the land occupied by the houses and prescribed extent of appurtenant land thereto from the vacant land. After issuing the draft statement under Section 8(1) of the Act, a final statement was issued on 31.12.1994. The same was followed by gazette notification dated 15.10.1998 under Section 10(3) of the Act and a consequential notice under Section 10(5) of the Act. Petitioners all along have been contending that as per the master plan approved by the Government vide G.O.Ms.No.391, dated 29.09.1980, the land is situated in the conservation zone for agricultural purpose and therefore the Act has no application. When the same was not considered, they filed the writ petition challenging the final statement dated 31.12.1994. This Court while admitting the writ petition on 10.10.2002 suspended the impugned order of the second respondent and consequential notifications. This Court heard the Counsel for the petitioners and Assistant Government Pleader for Revenue (Urban Land Ceiling). The Act has since been repealed by Urban Land (Ceiling and Regulation) Repeal Act, 1999. The Government of Andhra Pradesh issued orders in G.O.Ms.No.603 giving effect to the Repeal Act with effect from 27.03.2008. As per Section 4 of the Repeal Act all proceedings relating to any order made or purported to be made under the principal Act shall abate, provided the land has not been vested and taken possession by the Government. In this case admittedly a notice under Section 10(5) of the Act was issued on 17.09.1998 which has been suspended by this Court. Therefore, as rightly pointed out by the Counsel for the petitioners – which is not denied or disputed by the other side – the proceedings shall abate and consequential notification under Section 10(3) of the Act and notice under Section 10(5) of the Act as well as the order under Section 9 of the Act dated 31.12.1994, shall abate and they cannot be enforced. The Writ Petition stands disposed of accordingly. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 15.06.2010 vs