HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.18429 of 2004
Date: August 25, 2014
Between:
R. Mohan Reddy.
… Petitioner and
1. The Commissioner Appeals, O/o Chief Commissioner, Land Administration, A.P., Hyderabad & 28 others.
… Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.18429 of 2004
O R D E R:
This writ petition was filed against the proceedings dated 11.09.2002 on the file of the Commissioner (Appeals), Office of the Chief Commissioner, Land Administration, Andhra Pradesh, Hyderabad, confirming the order dated 30.04.1993 passed by the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, and the notice issued to the petitioner under Section 10 (5) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, ‘Act of 1976’).
2. By order dated 08.10.2004, this Court granted interim stay of all further proceedings.
3. The Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, filed affidavit dated 11.08.2010 in response to W.P.M.P.No.24201 of 2004 filed in the writ petition, wherein, he categorically stated that possession of the land was not taken over under Section 10 (6) of the Act of 1976 owing to the interim orders passed by this Court, though the case had been processed up to the stage of Section 10 (5) notice. He further stated that in the light of the repeal of the Act of 1976 in the State of Andhra Pradesh with effect from 27.03.2008, the proceedings against the petitioner under the provisions of the Act of 1976 would abate.
4. In the light of the aforestated admitted position, the writ petition no longer survives for independent adjudication on merits, as the proceedings initiated against the petitioner under the provisions of the Act of 1976 are deemed to have abated by virtue of the provisions of the repeal Act.
5. The proceedings impugned in the writ petition are accordingly set aside on that short ground. The writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J.
Date: August 25, 2014. BSB HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.18429 of 2004
Date: August 25, 2014
BSB