In this writ appeal, the State argued that the Urban Land (Ceiling and Regulation) Act was repealed, causing pending proceedings to abate. The High Court accepted this submission.
The writ appeal stands dismissed as abated. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT
THE HON'BLE MR JUSTICE V.ESWARAIAH and
THE HON'BLE MR JUSTICE G.V.SEETHAPATHY
WRIT APPEAL N0: 1111 of 1999
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 03/02/1999 in WP No: 11184 OF 1993 on the file of the High Court.)
BETWEEN:
State of Andhra Pradesh, rep by Principal Secretary to Government, Revenue Department, Secretariat, Hyderabad.
... APPELLANT
AND
...RESPONDENTS
Counsel for the Appellant: THE ADVOCATE GENERAL
Counsel for the Respondents: MR.D.V.SITARAMAMURTHY
The Court made the following:
JUDGMENT: (per Hon’ble Sri Justice V. Eswaraiah)
As against the orders of the appellate authority under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’) i.e. The Commissioner of Land Reforms and Urban Land Ceilings dated 27.02.1987 in allowing the appeals of the respondents 3 to 7 filed against the orders passed by the Special Officer and Competent Authority, Urban Land Ceilings, Visakhapatnam, passed under Section 8(4) of the Act holding that the lands in question, which are under the occupation of Naval Institution, will not come within the purview of vacant land and the provisions under Section 19(ii) of the Act will not attract, the State filed W.P.No.11184 of 1993 and the learned Single Judge of this Court by order dated 03.02.1999 dismissed the writ petition. Aggrieved by the said order the State of Andhra Pradesh preferred this appeal.
2. Learned Advocate General appearing on behalf of the State submits that the lands in question have not been taken over possession by the Government and the lands have not been vested with the Government. He further submits that in view of the repeal of the Act itself pursuant to the notification of the Government, the provisions of the Act are not in force and if that be so, the question of continuing the proceedings under the Act does not arise. Therefore, the appeal itself abates.
Recording the above submission, the writ appeal stands dismissed as abated. There shall be no order as to costs.
______________ V. ESWARAIAH, J
_________________ G.V. SEETHAPATHY, J
October 13, 2008 DSK
1 issue framed by the court
Whether the writ appeal abates due to the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 prior to the dismissal of the underlying writ petition.
3 provisions across 1 enactments
State of Andhra Pradesh
Commissioner of Land Reforms & Urban Land Ceiling, Andhra Pradesh
Union Of India
B.S. Sastry
B. Lakshmikantha Chandrasekhara Sastry
B. Suryanarayana sastry
V. ESWARAIAH
G.V. SEETHAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
