IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.699 of 2004 Between: Suram Konda Reddy, S/o.Veeraiah, Aged about 68 years, Cultivation, R/o.H.No.22-2-169, Desaipet village, Warangal Mandal and District and another … Petitioners And The Chief Commissioner of Land Administration, Station Road, Abids, Hyderabad, and 2 others … Respondents Order: The petitioners seek a Writ of Mandamus declaring proceedings issued, in Appeal No.W.G.L/48, 2003, dated 29-1-2003, by the first respondent-Chief Commissioner of Land Administration, Hyderabad as illegal and arbitrary. The matter arises under the provisions of the Urban Land Ceiling Act, 1976 (for short, ‘the Act’). It is the case of the petitioners as well as the third respondent herein that possession of the land in question was not taken under the provisions of the Act. It is stated in the counter- affidavit filed by the respondents that pursuant to the orders issued under Section 8(4) of the Act, further steps were taken by issuing notification, but no steps were taken under Section 10(1) of the Act. When the matter was heard on the last occasion, in the counter-affidavit, it was noticed that the respondents have averred that possession of the land was taken on 10-01-2004. But, as the petitioners have disputed that no further notification was issued under Sections 10(3) and 10(5) of the Act and no possession was taken, the matter was adjourned to enable the learned Government Pleader to obtain instructions whether any notification under Sections 10(3) and 10(5) of the Act was issued. When the matter is taken up today, it is submitted by the learned Government Pleader that possession of the land in question has not been taken under the provisions of the Act and no notification has also been issued under Sections 10(3) and 10(5) of the Act. In view of the aforesaid submission of the learned Government Pleader, Urban Land (Ceiling & Regulation) Repeal Act, 1999 will come into picture, as notified in the State of Andhra Pradesh pursuant to G.O.Ms.No.603, dated 22-04-2008, and the said Act will apply. In the circumstances, the writ petition is disposed of declaring that all the proceedings initiated under the Act with regard to the land in question are abated. It is made clear that if there is any dispute with regard to title and possession between the petitioners and the third respondent herein, it is open to them to workout their remedies before the appropriate forum/court. It is also made clear that any findings and observations made in this order shall not be taken into consideration while deciding the claim of the petitioners as well as the third respondent. No order as to costs. ___________________ (R. SUBHASH REDDY, J) September 30, 2010 MRR