IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10074 of 2007 Between: Vediri Estates Private Limited, Company, haing its registered office at MCH NO. 3-4-496/A, Barkatpura, Hyderabad, repby its Managing Director Sri V. Panduranga Reddy. ..... PETITIONER AND 1 State of Andhra Pradesh Revenue Department, Secretarait, Saifabad, Hyderabad rep by the Secretary,. 2 The Joint Collector-II, Ranga Reddy District, 177, Khairatabad, Hyderabad. 3 The Revenue Divisional Officer, Chevella Division, Ranga Reddy district. 4 The mandal Revenue Officer, Serilingapally Mandal, Ranga Reddy District. .....RESPONDENTS 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 of Certiorari or other appropriate order or direction in the nature of a writ Calling for records resultingin order dated 6-2-2007 in Case No. D.5/2707/2006 passed bythe 2nd respondnet and quashthe same and restore the order of the Mandal, Revenue Officer dated 14-11-2005 in file No./ B/965/2004 in favourofthe petitioner company after declaringthe impugned order of 2nd respondnet as null and void illegal and contrary to law and pass such other or furtherorders as thisHon'ble Court may deem fit and proper inthe circumstances of the case. Counsel for the Petitioner:SRI B.NALIN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10074 of 2007 ORDER: M/s.Vediri Estates Private Limited is aggrieved by the proceedings of the second respondent dated 06.02.2007 whereby and whereunder purportedly in exercise of suo motu power under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, the order of fourth respondent dated 14.11.2005 granting mutation in favour of the petitioner in respect of the land comprised in survey No.77 admeasuring Acs.24.35 situated at Hafeezpet Village of Serilingampally Mandal in Ranga Reddy District (hereafter referred to as ‘petition schedule land’), was set aside. In a nutshell, the case of the petitioner is that petition schedule land was purchased by it from M/s.Vijaya Reddy and others, who acquired title from the legal heirs of defendant No.39 in C.S.No.14 of 1958 after the assignment deed was approved by this Court. After doing so, it obtained mutation from the Mandal Revenue Officer. It appears, Revenue Divisional Officer, Chevella - third respondent, suo motu took up appeals on the ground that mutation granted in favour of the petitioner is in violation of Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act, for brevity). When the matter was submitted to the second respondent, impugned order came to be passed. Learned Counsel for the petitioner raised two contentions. First, he contends that in view of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Repeal Act, for brevity), which came into force in the State of Andhra Pradesh on 27.03.2008, the land is free from the urban land regulation. Secondly, he submits that Government of Andhra Pradesh issued Memo No.28908/JA1/2004-1, dated 05.11.2004, directing the District Collector, Ranga Reddy District, to effect mutation in land records in respect of lands among others in survey No.77 of Hafeezpet Village. He also contends that Joint Collector failed to consider both these aspects. The order was passed by Joint Collector on 06.02.2007 when the Repeal Act did not come into force. Now that the Repeal Act has been enforced in the State of Andhra Pradesh with effect from 27.03.2008, the Act has no application. Insofar as other plea is concerned, it appears, Joint Collector has not adverted to the Government Memo dated 05.11.2004, and therefore, it is a matter where the Joint Collector should reconsider it. In view of this, this Court is of considered opinion that the matter has to be remitted to the Joint Collector. Accordingly, the impugned order is set aside, and the matter is remitted to the second respondent with a direction to reconsider the issue in the light of the Government Memo No.28908/JA1/2004-1, dated 05.11.2004, and also notification vide G.O.Ms.No.603, Revenue (UC.I), dated 22.04.2008, issued under the Repeal Act. This exercise may be completed within a period of four weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. _____________ (V.V.S.RAO, J) 15.12.2008 Note: Issue C.C by 16.12.2008. B/o. vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}