A.V. Papayya Sastry (Died) Per Lr - 8 v. The Government Of A.P. Revenue (Uci) Department,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT PETITION NO.19321 OF 2008 DATED: 19-02-2015 Between:

A.V. Papayya Sastry (died) and others .. Petitioners And The State of A.P., Revenue (UCI) Department, rep. by its Principal Secretary and others .. Respondents

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT PETITION NO.19321 of 2008 ORDER: (per Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition was filed for issuance of a writ of mandamus directing respondents 1 and 2 to issue a notification under Section 4(1) of the Land Acquisition Act and to determine the compensation payable for the land of

Ac.18.39 cents in Sy.Nos.3/1, 3/2 and 4 of Kancheralapalem Village of Visakhapatnam Urban Agglomeration, Visakhapatnam or, in the alternative, to deliver back possession of the said property to the petitioners by declaring the letter dated 31.07.2008 of the Special Officer-cum-Competent Authority, Urban Land Ceiling, Visakhapatnam, as illegal, inoperative and contrary to the provisions of Urban Land Ceiling Act 33 of 1976 and pass further orders. So far as the second limb of the prayer is concerned, we have no hesitation to hold that the pending action of the Special Officer, namely, the third respondent herein has become null and void in view of the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 and abatement of all the proceedings under the said Act under the Urban Land (Ceiling and Regulation) Repeal Act, 1999. Accordingly, we hold so. Therefore, the land which was covered under the Urban Land (Ceiling and Regulation) Act, 1976 must go back to the petitioners as holders of the land. We however clarify that we have not adjudicated the title of the petitioners.

Now, so far as the first limb of the prayer for a direction upon the first and second respondents to issue a notification under Section 4(1) of the Land Acquisition Act is concerned, in view of the possession having been taken by the Visakhapatnam Port Trust, we cannot give any mandate upon the respondents to initiate land acquisition proceedings, as it is the power of eminent domain of the State and its officials to initiate proceedings under the Land Acquisition Act, 1894. No writ of mandamus can be issued to exercise such power. It is for the State to take action if so minded. If any action can be taken, it will be open to the State to take such action in accordance with law, if not, then the grievance of the petitioners with regard to possession of the land having been taken by the Visakhapatnam Port Trust authority can be redressed by the appropriate law of the land.

Keeping open everything, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs. ______________________ K.J. SENGUPTA, CJ

_____________________ SANJAY KUMAR, J 19-02-2015 Svv (69) THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA

WRIT PETITION NO.19321 of 2008 _____________________________________________________ (Order of the Division Bench delivered by Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) 19-02-2015