Though there is a little variation on facts, which do not have a bearing on the out come of the cases, the issues are common in all these Writ Petitions. Hence, they are heard and being disposed of together.

On 17.06.1976 one Qamar Hassan (for short ‘the declarant’) filed a declaration under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’) in respect of Old Survey No.403/346 relating to T.S.Nos.1/4, 2/2, 3/1 and 4/6, Block ‘G’, Ward No.10, Road No.10, Banjara Hills, Hyderabad (for short ‘the subject land’).

Urban Land Ceiling (ULC) proceedings reached the stage of Section 10(1) of the Act on 23.06.1980. On 28.05.1981, the declarant entered into an agreement with a society by name Bushan Housing Co-Operative Society (for short ‘the Society’) for development of the land. The Society obtained No Objection Certificate (NOC) from the District Collector, on 22.06.1983. It is the pleaded case of the petitioners, with respect to which there is no dispute, that the declarant died on 24.01.1991. The society obtained sanction of layout on 04.11.1992 and divided the land into 16 plots and raised some structures thereon. The NOC, dated 22.06.1983, was confirmed by the District Collector on 29.02.1992. Thereafter, between 03.02.1993 and 18.03.1994, the petitioners purchased some of the plots either from the legal representatives of the declarant/society or the subsequent purchasers under registered sale deeds.

The Act was repealed by the Parliament by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short ‘the Repeal Act’). However, as the Andhra Pradesh State Legislature has not adopted the said Repeal Act immediately, the Act continued to be in force till 27.03.2008, when the State legislature has adopted the Repeal Act.

On 16.09.2003, a notification under Section 10(3) of the Act was published in respect of the subject land. Some of the petitioners received notices on 07.08.2008, i.e., after the Repeal Act was adopted in the State of Andhra Pradesh, to the effect that they are in illegal occupation of the land declared as ‘surplus’ and that they should file applications under G.O.Ms.No.747, Revenue (UC.I) Department, dated 18.06.2008, for regularisation of their possession, failing which, they will be evicted without notice. Some of the petitioners pleaded that under the threat of the said notice and on wrong advice, they have submitted applications for regularisation and that later on, they have submitted representations to respondent No.2 withdrawing the said applications.

In these Writ Petitions, the petitioners sought for a Mandamus to declare the action of the respondents in notifying their plots under the Act declaring them as ‘surplus land’ as illegal and void ab initio. The petitioners also sought for consequential declaration that the proceedings initiated under the Act in respect of the plots in their occupation as having lapsed under the Repeal Act. The petitioners sought for further direction to refund the amounts paid by them towards regularisation.

On behalf of the respondents, separate counter-affidavits have been filed by the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad. It is, inter alia, stated in the counter-affidavits that the draft statement, dated 25.11.1977, under Section 8(1) of the Act was served on the declarant, declaring that he is surplus land holder to an extent of land admeasuring 13,829 square meters in Plot Nos.4 and 5 of Shaikpet Village; that the declarant has stated that he has no objection for draft statement and has communicated the same on 23.12.1977; that the order under Section 8(4) of the Act and final statement under Section 9 of the Act were issued on 28.05.1980; that the declarant has neither filed objections nor preferred any appeal against the said orders; that the notification under Section 10(1) of the Act was issued on 11.06.1980 and the same was published in the Andhra Pradesh Gazette No.2391 on 23.06.1980;