IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22888 of 2002 AND CONTEMPT CASE No.742 of 2007 WRIT PETITION No.22888 of 2002 Between: Mettu Sambireddy S/o Peri Reddy Rep By Its General Power of Attorney Holder Challa Venkata Ramireddy S/o Malla Reddy Aged(42) R/o L.I.C. Colony, Stambhalagaruvu, Guntur. ..... PETITIONER AND 1 Govt of A.P., rep by its Secretary, Revenue Dept., Secretariat Buildings, Hyderabad. 2 The Dist. Collector, Guntur. 3 The Revenue Divisional Divisional Officer Revenue Divisional Office, Guntur. 4 The Special Officer & Competent Authority Urban Land Ceiling, Guntur, Guntur Dist. 5 The M.R.O., Taluk Office Compound, Guntur, Guntur Dist. .....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 any appropriate order or direction or a Writ more particularly a writ in the Nature of Mandamus directing the Respondents herein to redeliver the property to the petitioner, as per the proceedings in C.C.No.370/76/D dt.10.2.2000 an extent of Ac. 1-80 cents in Sy.No.299/3, S.No.305 and T.S.N.633 situated at Nallapadu, Koritapadu & Stambhalagaruvu at Guntur. Counsel for the Petitioner:MR.G.DHARMA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.22888 of 2002 AND CONTEMPT CASE No.742 of 2007 COMMON ORDER: The petitioner is the owner of the land in Sy.Nos.299/3, 305 and TS No.633 of Nallapadu in Guntur District. Since the lands were situated in Urban Agglomeration of Guntur, a statement under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’) was filed by the father of the petitioner. Thereafter, an order under Section 8(4) of the Act was passed by the Special Officer and Competent Authority, Urban Land Ceiling, Guntur, the 4th respondent herein, on 11.04.1977 holding that the petitioner is liable to hand over the excess land to an extent of Ac.1.80 cents and possession thereof was taken. Aggrieved thereby, the petitioner approached this Court by filing W.P.No.35401 of 1998. The matter was remanded and the 4th respondent was directed to pass fresh orders. Accordingly, the 4th respondent passed an order on 10.2.2000 holding that the petitioner does not possess any land in excess of the ceiling limits. Thereupon, the petitioner got issued a notice, dated 18.07.2000, requiring the respondents herein to restore the possession of the land taken from him. This writ petition is filed complaining that the respondents failed to re-deliver the possession of the land. This Court passed an interim order on 15.11.2002 directing the respondents to take steps to remove the encroachments, if any, and to restore the land, which was taken away from the petitioner as excess land. It was also mentioned that in case the respondents fail to restore the possession of the land, they shall be under obligation to pay the market value prevailing as on the date of payment. C.C.No.742 of 2007 is filed alleging that the interim orders passed by this Court on 15.11.2002 were not complied with. The respondents filed separate counter affidavits in the writ petition as well as in the Contempt Case. The fact that the possession of the land, which was initially declared as excess, was taken from the petitioner was not disputed. It is admitted that the 4th respondent has passed an order holding that the petitioner does not possess any land in excess of the ceiling limits. Certain facts are pleaded as constituting hardship in re-delivering possession of the land to the petitioner. There was no serious dispute between the parties as to the legal consequences that must flow from the undisputed facts. A specific direction was issued to the effect that in respect of the land covered by house site pattas, proceedings of the Land Acquisition Act (for short ‘the L.A.Act’) shall be initiated. Accordingly, a notification, dated 25.03.2008, was issued under Section 4(1) of the L.A.Act and the same was followed by a notification, dated 12.06.2008, issued under Section 6 of the L.A.Act. As regards the land which was in unauthorized occupation of third parties, there was delay in taking necessary steps. Ultimately, the possession of the said land was restored to the petitioner on 16.06.2008. With this, the grievance of the petitioner in the writ petition as well as in the Contempt Case stands redressed. They are, accordingly, closed. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J 18.06.2008 v v To 1 The Secretary, Govt of A.P.,Revenue Dept., Secretariat Buildings, Hyderabad. 2 The Dist. Collector, Guntur. 3 The Revenue Divisional Divisional Officer Revenue Divisional Office, Guntur. 4 The Special Officer & Competent Authority, Urban Land Ceiling, Guntur, Guntur Dist. 5 The M.R.O., Taluk Office Compound, Guntur, Guntur Dist. 6 2 CCs to 7 2 CD copies.