THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 18882 of 2008 Oral order: It is submitted by the learned counsel for the petitioners and admitted to by the learned Government Pleader for Revenue that the subject matter of the writ petition is squarely covered by the orders of this Court in W.P. No. 11613 of 2008 dated 04.08.2008 and W.P. Nos. 12701 and 12717 of 2008, dated 04.08.2008. The petitioner has filed this writ petition praying for the following relief: To issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the (i) The proceedings No.H1/6823/76 dt. 07.06.2007 [Sec. 8(4) orders] issued by the 1st respondent; (ii) Notification dt. 22.08.2007 under Section 10(1) of Urban Land (Ceiling and Regulation) Act, 1976 published in A.P. Gazette Extraordinary No. 258 on dt. 29.08.2007; (iii) Notification dt. 23.10.2007 under Section 10(3) of Urban Land (Ceiling and Regulation) Act, 1976 published in A.P. Gazette Extraordinary No. 303 on dt. 26.10.2007; and Notice dt. 20.11.2007 in proceedings No.H1/6823/76 under Section 10(5) of Urban Land (Ceiling and Regulation) Act, 1976 issued by the 1st respondent authority, and all consequential actions taken by the respondent authorities pursuant to the above said impugned orders, as arbitrary, illegal, contrary to the provisions of Urban Land (Ceiling and Regulation) Act, 1976 and violative of Article 14 of the Constitution of India and principles of natural justice and consequently set aside all the above impugned orders and to pass such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. The petitioners state that the original owner, namely Sri. P. Bala Krishna Reddy, from out an extent of Acs. 15.24 gts. of agricultural land owned by him in Sy. No. 8, Kondapur village, Serilingampally, Ranga Reddy District, sold an extent of Acs. 7.32 gts. of agricultural land under registered sale deed dated 01.04.1980 after obtaining Certificate under Section 2(o) of the ULC Act. That the said persons, subsequently alienated the said land to 30 persons, including the petitioners, and that their names were also mutated in the revenue records. That they having purchased the property, are in possession and enjoyment of the same. It is their case that though they are in possession and enjoyment of the same, the 3rd respondent, namely the Special Officer and Competent Authority, without issuing any notice to them, has computed the land purchased by him, in the land holding of the original owner, namely Sri. P. Bala Krishna Reddy, in the declarations filed by him under Section 6(1) of the ULC Act, and declared the land purchased by them, as surplus under the impugned orders, and issued further consequential orders and notifications, for resumption of the land. He submits that they being persons interested in the land, the 3rd respondent was under an obligation to issue them notices, and in support of this argument, they placed reliance on the judgment of a Division Bench of this Court in K.B. Surender Kumar v. Special Officer and Competent Authority[1]. They submit that the said orders having been passed against Sri. P. Bala Krishna Reddy, who is a dead person, are non est in the eye of law. That the land purchased by them, being less than Acs. 5.00, are entitled to the benefit of G.O. Ms. No. 733 dated 31.10.1988, which provided for retention of Acs. 5.00 of agricultural land. This Court in W.P. No. 11613 of 2008 dated 04.08.2008 and W.P. Nos. 12701 and 12717 of 2008, dated 04.08.2008, having considered all the contentions, as raised by the petitioners, in this writ petition, held that the impugned orders and notifications issued by the Special Officer and Competent Authority against the original owner, namely Sri. P. Bala Krishna Reddy, who is a dead person, are null and void, that the petitioners having purchased the land in question from the original owner, and their names having been mutated in the revenue records, are persons interested in the land, and as such, were entitled to issuance of notice, and non-issuance and non-service of notice by the authority vitiated the entire proceedings, that the lands purchased by the petitioners being less than Acs. 5.00 were entitled to the benefit of G.O. Ms. No. No. 733 dated 31.10.1988, and that the change of land use for purposes other than “agricultural”, did not violate the conditions of the Certificate obtained by the original owner under Section 2(o) of the ULC Act, since the land in question was brought under urban agllomeration area subsequently. Holding so, this Court set aside the various notices, orders and notifications, impugned in the said writ petitions. Since the petitioners also raised similar questions, as were raised by the petitioners in W.P. No. 11613 of 2008 and W.P. Nos. 12701 & 12717 of 2008, following the orders dated 04.08.2008, passed therein, this writ petition is also allowed by and in terms of the said orders, and as a consequence thereof, all the notices, orders and notifications, impugned in this writ petition shall are set aside. While communicating this order, the Registry shall annex the copies of the orders in W.P. No. 11613 of 2008 dated 04.08.2008 and W.P. Nos. 12701 and 12717 of 2008, dated 04.08.2008. No costs. _________________ N.V. RAMANA, J. Date: 22nd October, 2008 KSR [1] 2000 (4) ALT 694