IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NOS.12795, 12931, 14829 OF 2004 AND 1825 OF 2005 WRIT PETITION NO : 12795 of 2004 Between: Prime Properties rep. by its Partner Sri Yaseen Shakir S/o.Mohd.Ghouse R/o. 5-6-742 Nampally, Hyderabad. ..... PETITIONER AND 1 Commissioner Appeals Chief Commissioner of Land Administration A.P.Hyderabad. 2 Special Officer and Competent Authority Urban Land Ceilings, Hyderabad. 3 J.Mukunda on behalf of G.P.A.Holder K.Gandhi S/o.Hanumantha Rao R/o.Vidyanagar, Hyderabad. 4 Mothilal Jaju on behalf of G.P.A Holder R.V.Rama Rao S/o.Late Sitharamaiah, R/o.Kukatpally, Hyderabad. 5 Ramaswamy on behalf of G.P.A. holder K.Raghava Rao S/o Koteswara Rao, R/o.Madhurangar, Hyderabad. 6 M.Prakash on behalf of G.P.A. Holder M.Yadagiri S/o.Venkaiah R/o. Khairatabad, Hyderabad. 7 R.Mallamma on behalf of G.P.A. Holder V.Govardhan S/o.Ramulu R/o. Khairatabad, Hyderabad. 8 Kailash Pershad on behalf of G.P.A. Holder L.Venkataswamy S/o.Tirupal, R/o. Madhuranagar, Hyderabad. 9 D.Dharma Prakash on behalf of G.P.A. Holder Vemuri Satya Jyothi Prasad S/o.Koteswara Rao, R/o. R/o.Yellareddyguda, Hyderabad. 10 P.Lakshmaiah on behalf of G.P.A. Holder G.Srinivas S/o.Veera Raju R/o. Khairatabad, Hyderabad. 11 Shiv Shankar on behalf of G.P.A. Holder R.Srinivasa Rao S/o. R.K.S Prakasha Rao, R/o. Bhagyanagar Colony, Kukatpally, Hyderabad. 12 Chandrakala Bai on behalf of G.P.A. Holder Tej Narayana S/o.Jagadish Prasad, R/o.Banjarahills, Hyderabad. 13 B.Venkateham on behalf of G.P.A. Holder B.Rajender S/o.Venkateshan, R/o.Khairatabad, Hyderabad. 14 Kesar Mal Agarwal on behalf of G.P.A. Holder K.b.R.Shankar S/o.K.Venkaiah, R/o.Khairatabad, Hyderabad. 15 M.Kishore Kumar on behalf of G.P.A. Holder M.Rajasekharam S/o.Ranga Rao, R/o.Begumpet, Hyderabad. 16 Chajumal, on behalf of G.P.A. Holder N.Venkateswarl, S/o.Rama Seeta, R/o.Madhuranagar, Hyderabad. 17 State of Bank of India Officers Residents Welfare Association rep. by its Secretary Bh.V.V.S.Srinivasa Rao, R/o. Hyderabad R17 is impleaded as per court order dt. 10-2-2006 in WPMP 21801 of 2005 ....RESPONDENTS Counsel for the Petitioner:MR.MAHMOOD ALI Counsel for respondents 1 and 2: MR O.MANOHAR REDDY Counsel for respondents 3 to 16: MR G.VENKATESWARA RAO Counsel for respondent No.17: MR K.SITARAM WRIT PETITION NO : 12931 of 2004 Between: Prime Properties, Rep. by its Partner Sri. Yaseen Shakir, S/o. Mohd. Ghouse, Age 48 Years, R/o. 5-6-742, Nampally, Hyderabad. ..... PETITIONER AND 1 Commissioner Appeals, Chief Commissioner of Land Administration A.P., Hyderabad. 2 Special Officer & Competent Authority, Urban Land Ceilings, Hyderabad. 3 M/s. Bhagyanagar Co.Op. Housing Society Limited, R/o. H.No. 5-9-291/1, Talwar Apartment, Chirag ali Lane, Abids, Hyderabad. 4 Indira Jawahar Model Township Rights Protection Committee, R/o. H.No. 16-2-59/16, Akbar Bagh, New Malakpet, Hyderabad. 5 Sri Mohammed Kazam Ali Khan, S/o. Late Nawab Jaffar Ali Khan, R/o.H.No. 17-6-352/A, Ameerpet, Hyderbad. 6 Sri Pilli Balaih, S/o. Pilli Danaiah, R/o. Kukatpally (V), Balanagar (M), Ranga Reddy District. 7 Smt Azamunnisa Begum, W/o. Late Mir Fazeelath Hussain, R/o. Plot No. 75, Jahandar Towers, Ameerpet, Hyderabad. 8 Smt. Faker Jahan Begum, D/o. Late Mir Fazeelath Hussain, Rep. by her G.P.A. HOlder Sri. Mir Mohammed Sujath Ali Khan, R/o.H.No. 10-1-18/1, Masabtank, Hyderabad. 9 Smt. Shahjahan Begum, D/o. Late Mir Fazeelath Hussain, Major, R/o. H.No. 22-1-525/1, Sultanpur, Hyderabad. 10 Smt. Noorunnisa Begum, D/o. Late Shahjahan, R/o. 10-1-18/1, Masabtank, Hyderabad. 11 State Bank of India Officers Residents Welfare Association rep. by its Secretary Bh.V.V.S. Srinivasa Rao, R/o. Hyderabad R11 is impleaded as per court order dt. 10-202006 in WPMP 21803 of 2005 ...RESPONDENTS Counsel for the Petitioner:MR.MAHMOOD ALI Counsel for respondents 1 and 2: MR O.MANOHAR REDDY WRIT PETITION NO : 14829 of 2004 Between: Bhagyanagar Co-op housing society Ltd., (TA NO.154/61) rep.by its President, P.Srinivasa Rao, S/o.P.HanumanthRao, R/o.5-9-291/1, Talwar Apartment, Chirag Ali Lane, Abids, Hyderabad. ..... PETITIONER AND 1 Commissioner, Appeals under Land (Ceilling & Regulation) Act, 1976- Cum-office of the chief Commissioner of Land Administration, A.P.Hyderabad. 2 Special officer and Competent Authority, Urban Land Ceiling, Chandravihar, M.J.Road, Hyderabad. 3 Govt. of A.P. rep.by Secertary, Revenue and Urban Ceiling Department, Secretariat, Hyderabad. 4 Azamunnisa Begum, W/o.Mir Faziatha Hussain, R/o.Flat No.503, Jahada Towers, Mehdipatnam, Hyderabad. 5 State Bank of India Officers Residents Welfare Association, rep. by its Secretary Bh.V.V.S. Srinivasa Rao, R/o. Hyderabad R5 is impleaded as per court order dt. 10-2-2006 in WPMP 21738 of 2005 ..RESPONDENTS Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondents 1 to 3: MR.O.MANOHER REDDY WRIT PETITION NO : 1825 of 2005 Between: Mohammed Kazim Ali Khan, s/o late Mohd.Jaffer Ali Khan, r/o H.No.8-3-323, Ameerpet X Roads Hyderabad. ..... PETITIONER AND 1 The State of A.P., rep., by its Special Secretary, Revenue Department/Prl.Secretary to Revenue, Department, Secretariat, Hyderabad. 2 The Commissioner for Appeals, Urban Land Ceilings, Nampally Station Road,Hyderabad. 3 The Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, II Floor, Chandravihar, Nampally, Hyderabad. 4 The Mandal Revenue Officer, Kukatpally Mandal, Ranga Reddy District. 5 The Station House Officer, Kukatpally Police Station, Kukatpally, Ranga Reddy District. 6 Ms.Noorunisa Begum, d/o Smt.Shah Jahan Begum, r/o 10-1-18/C, Masab Tank, Hyderabad. 7 Mr.Ali Shabriyar Khan, s/o Smt.Shah Jahan Begum, r/o H.No.22-1-525/1, Sultanpura, Hyderabad. 8 M/s.Bhagyanagar Co.operative House Building Society, r/o H.No.5-9-219, Chiragali Lane, 1st Floor, Nampally, Hyderabad. 9 Ms.Afsar Qaziabash, d/o late Faker Johan Begum, rep., by her G.P.A.Holder Sri Sujath Ali Khan, r/o H.No.10-1-18/C, Masab Tank, Hyderabad. 10 Smt.Azeemunnisa begum, w/o late Mir Fazeelath Hussain, r/o Plot No.75, Jahadhar Towers, Amberpet, Hyderabad- 13. 11 Sri Pilli Balaiah, s/o Pilli Danaiah, 12 Sri Pilli Mahesh, s/o Pilli Balaiah. 13 Sri Pilli Bikshapathi, s/o Pilli Balaiah 14 Sri Pilli Pentaiah, s/o Pilli Balaiah, 15 Sri Pilli Narsimha, s/o Mallaiah, 16 Sri Pilli Sivaraj, s/o Mallaiah, 17 Sri Pilli Mahesh, s/o Mallaiah, 18 Sri Pilli Srisilam, s/o Mallaiah, Respondents 11 to 18 are r/o Kukatpally Village, Balanagar Mandal, Ranga Reddy District. 19 M/s.Indira Jawahar Model Township Rights Protection Committee, rep., by its President Afzal Mohiuddin, Having its office H.No.16-2-59/16, Akbar Bag, New Malakpet, Hyderabad. 20 M/s.Prime Properties, rep., by its Partner, Sri S.S.Mohiuddin, having its Office at H.No.5-5-205, Nampally, Hyderabad. 21 State Bank of India Officers Residents Welfare Association, rep. by its Secretary Sri Bh.V.V.Srinivasa Rao, R/o. Hyderabad R21 is impleaded as per court order dt. 25-11-2005 in WPMP 22004 of 2005 ..RESPONDENTS Counsel for the Petitioner:MR.C.HANUMANTHA RAO Counsel for the Respondents 1 to 4: MR O.MANOHAR REDDY The Court made the following : COMMON ORDER: These four writ petitions are ﬁled questioning the proceedings initiated and orders passed under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short “the Act”). Sri B.Venkataiah, Special Grade Deputy Collector in the Oﬃce of the Special Oﬃcer & Competent Authority, Urban Land Ceiling, Hyderabad, ﬁled separate aﬃdavits in these writ petitions, wherein he stated that the Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 by the Parliament; that the said Repeal Act was adopted by the State of Andhra Pradesh by a resolution passed by the Andhra Pradesh State Legislature to that eﬀect, with eﬀect from 27-03-2008, and that following the same, the State Government issued G.O.Ms.No.603 Revenue ((UC-I) Department, dated 22-04-2008, which was published in the Andhra Pradesh Gazette Part-I Extraordinary No.207 dated 22-04-2008. He further stated that according to Circular Memo No.17377/UC-I (1)/08-1, dated 24-04-2008 issued by the State Government, the repeal of the principal Act shall not affect- a) The vesting of any vacant land under sub- section (3) of Section 10, possession of which has been taken over by the State Government or any person duly authorized by the Sate Government in this behalf or the competent authority. b) The validity of any order granting exemption under sub-section (1) of Section 20 or any action taken thereunder, not withstanding any judgment of any Court to the contrary. c) Any payment made to the State Government as a condition for granting exemption under sub-section (1) of Section 20. He further stated that as in the instant cases possession of the lands has not been taken under Section 10(6) of the principal Act, further action under the Act has abated. In view of the said aﬃdavits of the Special Grade Deputy Collector, the writ petitions are disposed of by declaring that the proceedings initiated under the Act against the petitioners with regard to the lands, in question, have got abated. As a sequel to disposal of main petitions, WPMP Nos.16324 of 2004 and 14769 of 2007 in W.P.No.12795 of 2004; WPMP Nos.29529 of 2007 and 4538 of 2008 in W.P.No.12931 of 2004 and WVMP No.3202 of 2005 and WPMP No.32708 of 2005 in W.P.No.1825 of 2005 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 17th September, 2008 vrn