N. Y. HANUMANTHAPPA, J, J.

( 1 ) THIS appeal is directed against the order passed by the learned single Judge of this Court in Writ Petition No. 18385 of 1993 dated 27-7-1994.

( 2 ) THE ranks of the parties are referred to in this appeal as they were in the main writ petition before the learned single Judge.

( 3 ) THE petitioners filed the writ petition seeking writ, order or direction in the nature of prohibition or certiorari or Mandamus (i) restraining the respondents from taking any further proceedings in respect of Ac. 525-75 cents in S. No. 83 of Raidurg (Pan Maqta) village, Serilingampalle Mandal, rangareddi district under the provisions of the Urban Land (Ceiling and regulation) Act, 1976; (ii) to declare that the land in S. No. 83 of Raidurg (Pan maqta) village, Serilingampalle Mandal, Rangareddy district is neither urban land nor vacant land within the meaning of the Urban Land (Ceiling and regulation) Act, 1976 and is not liable for determination or being dealt with under the provisions of the said Act; (iii) if any proceedings are initiated under the 1976 Act the same shall be declared as ab initio void and without jurisdiction; (iv) to direct the first respondent to have the land contained in S. No. 83 of raidurg (Pan Maqta) village, Serilingampalle Mandal, Rangareddi District determined and computed under the provisions of the A. P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 in accordance with law afresh; (v) to declare the fourth respondent s Memo No. G. 1/336. 16/92 dt. 5-8-1993 as ab initio void and without jurisdiction and non-est as also the consequential proceedings of the fifth respondent No. 548/93 dated 3-9-1993 as void and to grant such other relief.

( 4 ) A few facts which are necessary to dispose of this appeal are as follows: originally one Mr. Ruknuddin Ahmed and ten others were the owners and pattadars together owning an extent of Ac. 525-75 cents in S. No. 83 of Raidurg (Pan Maqta) village of Rangareddi district. All these owners executed agreements of sale in favour of the sixth respondent and also executed in his favour irrevocable power of attorney. After coming into force of the A. P. Land reforms (Ceiling on Agricultural Holdings) Act, 1973 with effect from 1-1-1975 hereinafter referred to as the "state Act", the respondent No. 6 filed declarations in respect of entire extent of Ac. 525-75 cents of S. No. 83 before the competent authority, which were numbered as C. C. Nos. 629 of 1975 to 640 of 1975. On 12-9-1976 the competent authority determined two out of the eleven declarations (viz. declarations of Mr. Ahmed Abdul Aziz (C. C. No. 632) and Mr. Mohammed Ruknuddin Ahmed (C. C. No. 638) as surplus by decision computing the excess area as an extent of Ac. 99-17 cents than the permissible ceiling limit. The alleged excess Ac. 99-17 cents of land was taken paper possession by the revenue authorities on 23-11-1976. The said excess land was given a separate S. No. 83/2 while the land retained with pattadars was numbered as S. No. 83/1.

( 5 ) AFTER coming into force of the Urban Land (Ceiling and Regulation) Act 1976, hereinafter referred to as "central Act", which was given effect from 17-12-1976, the sixth respondent under a bona fide mistake filed declaration under Section 6 (1) of the Central Act before the second respondent. When things stood thus, the first respondent issued G. O. Ms. No. 5013 (Revenue u. C. I.) Department dated 19-12-1980 purported to be exercising powers under section 23 of the Central Act, allotting the said excess land to third parties. Item No. 15 of the annexure to the above said Government Order refers to s. No. 83 of Raidurg showing an extent of 18,94,472 square metres. Subsequent to this on 24-1-1981 proceedings under Section 10 (3) of the Central Act were issued. The General Power of Attorney filed his objections. Ignoring the same a notification under Section 10 (5) of the State (sic. Central) Act was issued on 26-2-1981. Thus the allotment of the la

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