THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.10884 of 2008 ORDER: This Writ Petition is filed questioning notifications, dated 05.03.2008 and 08.04.2008, issued under Sections 10(1) and 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’), respectively. By aforesaid orders, lands admeasuring 373.11 sq.meters and 4039.73 sq.meters covered by Survey Nos.294/B and 293 respectively of Koritipadu, which is in urban agglomeration of Guntur, were declared as excess. In the Writ Petition, it is the case of the petitioner that he carried the matter by way of appeal before the appellate authority against final orders passed under Section 8(4) of the Act. In spite of the same, respondents 1 and 2 have proceeded by issuing notifications under Sections 10(1) and 10(3) of the Act. In the counter-affidavit filed on behalf of respondents 1 and 2, there is no averment with regard to taking possession of the lands in question. When the matter is taken up today, the learned Assistant Government Pleader for Revenue appearing for respondents 1 and 2 produced before this Court a copy of letter bearing ULC.No.1404/76-D, dated 20.08.2011, addressed by the second respondent - Special Officer and Competent Authority, Urban Land Ceiling, Guntur, to the learned Government Pleader for Revenue (Assignment), High Court of Andhra Pradesh, Hyderabad, and submitted that the surplus land was not taken possession and only at the stage of issuance of notification under Section 10(3) of the Act, interim orders were obtained by the petitioner. It is to be noted that very provisions of the principal Act are repealed by virtue of adoption of Urban Land (Ceiling and Regulation) Repeal Act, 1999, as per Section 4 of which, all proceedings relating to any order made or purported to be made under the principal Act pending immediately before the commencement of this Act, before any Court, Tribunal or other authority shall abate. As per its proviso, the said provision relating to abatement is not applicable only to the case where possession of the land is taken over. From a perusal of the counter-affidavit filed on behalf of respondents 1 and 2 and letter, dated 20.08.2011, bearing ULC.No.1404/76-D, produced by the learned Assistant Government Pleader for Revenue, it is clear that the proceedings are only at the stage of issuance of notifications under Sections 10(1) and 10(3) of the Act and no further steps were taken by issuing any further notice under Section 10(5) of the Act and also for taking possession of the vacant land under Section 10(6) of the Act. In that view of the matter, as the possession of the lands in question was not taken, Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 will apply to the case on hand, as such, all proceedings, which are questioned in this Writ Petition, stand abated. For the aforesaid reasons, the Writ Petition is allowed and the impugned proceedings shall stand abated in the light of Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999. It is made clear that if there is any dispute between the petitioner and respondents 3 to 5, it is open for them to workout their remedies before appropriate authority. No order as to costs. _______________________ R.SUBHASH REDDY, J 10th OCTOBER, 2011. kvni