IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 2852 of 2003 Between: 1 Smt. V. Syamala Devi, W/o. Late V. Papa Raju, R/o.1-2-594/C, Domalaguda, Hyderabad. 2 Sri. V. Vissam Raju, S/o. Late V. Papa Raju, R/o 1-2-594/C, Domalaguda, Hyderabad. 3 SRi. V. Bhaskara Raju S/o Late V. Papa Raju R/o 1-2-594/C, Domalaguda, Hyderabad. 4 Sri. V. Sudhakara Raju S/o late V. Papa Raju R/o 1-2-594/C, Domalaguda, Hyderabad 5 Smt. Rama Lakshmi D/o Late V. Papa Raju R/o 1-2-594/C, Domalaguda, Hyderabad ..... PETITIONERS AND 1 The State of Andhra Pradesh, rep. by its Secretary to Revenue Department, Secretariat, Hyderabad. 2 The Commissioner for Appeals, Urban Land Ceilings, Nampally Station Road, Hyderabad. 3 The Special Officer & Competent Authority, Urban Land Cellings, Hyderabad. 4 The Mandal Revenue Officer, Saroornagar Mandal, Ranga Reddy District. 5 The Mandal Revenue Officer Asifnagar Mandal, Hyderabad. 6 The Station House Officer, Saroornagar Police Station, Saroornagar, Ranga Reddy District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order more particularly one in the nature of Writ of Certiorari calling for the records in C.C.No.B2/2716/76 and B2/2717/76 of the 3rd respondent and the appeal records in appeal No.Hyd/423/94 on the file of 2nd respondent and consequently declare the impugned orders passed by the 3rd respondent under section 8(4), 9, 10(1) notification, 10(3) and 10(5) notice issued under Urban Land Ceiling Act, 1976 in C.C.Nos.B2/2716/76 and B2/2717/76 as illegal, arbitary and quash the same and further declaration that the petitioners as non-surplus holders in respect of petitioners properties to an extent of 1,800 Sq.Meters in Sy. No. 9/1/G and an extent of 3 Acres 6 guntas in Sy.No.7/D of Saroornagar Village and Mandal, Ranga Reddy District as it is a joint family property, after exculding the already transferred land prior to 29-09-1980 by late V. Papa Raju and the petition and pass Counsel for the Petitioner :MR.C.HANUMANTHA RAO Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 2852 of 2003 O R D E R: The petitioners herein are the wife and children of one V.Papa Raju, who filed a statement under Section 6(1) of the Urban Land (Ceiling & Regulation) Act, 1976 (for short ‘the Act’) declaring the vacant land in his possession. Pursuant thereto, the 3rd respondent- Special Officer and Competent Authority under the Act passed an order dated 10-08-1994 under Section 8(4) of the Act holding that the declarant was a surplus holder. Aggrieved by the same, the petitioners herein who are the legal heirs of the declarant, filed an appeal under Section 33 of the Act. The said appeal was dismissed by the second respondent by order dated 29-08-2002 confirming the order of the 3rd respondent. The said order passed by the third respondent as confirmed by the second respondent on appeal is under challenge in this writ petition. When the matter is taken up for consideration, it is submitted by the learned counsel for the petitioner that in view of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 which was adopted by the Government of Andhra Pradesh w.e.f. 22-04-2008 the impugned orders passed by the 2nd and 3rd respondents ceased to be in force. The Urban Land (Ceiling & Regulation) Repeal Act, 1999 (Central Act 15/1999) under which the Urban Land (Ceiling and Regulation) Act, 1976 was repealed, has been adopted in the State of Andhra Pradesh by passing a resolution by the A.P.State Legislature on 27-03-2008 and accordingly, the Urban Land (Ceiling & Regulation) Repeal Act, 1999 has come into force in the State of Andhra Pradesh w.e.f. 27-03-2008. Subsequently, the Government of Andhra Pradesh issued certain instructions vide Circular Memo dated 24-04-2008 with regard to the implementation of the Urban Land (Ceiling & Regulation) Repeal Act, 1999. On a combined reading of the Central Act 15 of 1999 together with the instructions issued by the Government of Andhra Pradesh, it is clear that all pending cases in different stages under Sections 8(1), 8(4), 10(1), 10(3) and Section 10(5) shall stand abated. The fact that as on today the petitioners are continuing in possession of the surplus land has not been disputed by the respondents. The fact that the Repeal Act, 15 of 1999 is applicable to the present case and therefore, the proceedings shall stand abated has not been disputed by the learned counsel for the respondents. In the circumstances, the writ petition is disposed of declaring that the impugned orders passed by the respondents 2 and 3 ceased to be in force. No costs. ______________ G. ROHINI,J Date: 18-12-2008 KLPs