Exemption orders under Section 20(1) of the Urban Land Ceiling Act remain valid post-repeal if no violation of conditions occurs, rendering withdrawal attempts unlawful.

JUDGMENT :

1. This writ petition has been filed questioning the Memo No.31129/UCIII(2)/99, dated 03.09.2012 and the rejection order dated 08.07.2013 and for a consequential declaration that the petitioner is entitled to hold the urban land declared by him, which was exempted as per G.O. Ms. No.976 dated 03.08.1997 and G.O. Ms. No.2312 dated 20.05.1980.

2. The case of the petitioner as set out in the writ affidavit in brief is that he alongwith his mother and three sisters filed declarations under Section 6 (1) of the URBAN LAND CEILING ACT , 1976 in CC Nos.2284 and 2286 to 2289/76, declaring the properties devolved from his late father clearly mentioning therein that NTS No.240, VJA measuring 1,672.20 Sq. mts., is covered by a cinema theatre by name Rajakumari Talkies constructed prior to 1958 and the land in NTS No.468, VJA has on its premises an automobile workshop constructed in the year 1966 with the building permission granted by Municipal Corporation, Vijayawada. Alongwith the said declaration, the petitioner had applied for exemption to the Industries Department, Hyderabad for the commercial units situated in NTS Nos.240 & 468. Pursuantly, the enquiry staff viz., Deputy Inspector of Survey, Urban Land Ceiling inspected the above two industrial units and submitted survey sketches on 26.10.1976 showing that the land in NTS No.240 is totally covered by Cinema talkies and though the total extent of the land in NTS No.468 is 730 Sq.mts., covered by industrial structures covering a plinth area of 229 Sq. mts., and 151 Sq. mts., respectively, the enquiry staff of survey department, in a careless and casual manner and without application of mind had wrongly computed the same as 802.67 Sq. mts. Thereafter, the Government considering existence of commercial units, issued G.O. Ms. No.976 Revenue (UCIII) Department dated 03.08.1977 exempting the total extent of 2,404.85 Sq. mts., in NTS Nos.240 and 468 of Vijayawada, which are covered by Cinema talkies and automobile workshop. Subsequently, a draft statement under Section 8(1) of the Act was issued on 29.09.1977, including the properties that were exempted by the Government under G.O. Ms. No.976, dated 03.08.1977, in computation of excess land. The petitioner filed objections to the said draft statement that in view of the exempted granted by Government vide G.O. Ms. No.976, dated 03.08.1977, the properties covered in NTS Nos.240 and 468 should not be computed as vacant land in his holding. Thereupon, an order dated 16.01.1978 was issued under Section 8(4) of the Act excluding the land covered by the G.O., referred to above and declaring that the petitioner holds 292.30 Sq. mts., in excess of the ceiling limit and as no modified statement under Section 8(1) was issued as mentioned in the orders, the petitioner had applied for exemption under Section 20 (1)(B) of the Act for exemption of the said surplus extent of 292.30 Sq. mts., and thereafter the Government considering the hardship factor, exempted the surplus extent of 292.30 Sq. mts., under Section 20 (1)(B) of the Act under G.O. Ms. No.2312, Revenue (UCIII) Department, dated 20.05.1980. The properties covered by the declaration were mortgaged to Indian Bank by deposit of title deeds and as the company of the petitioner M/s. S.M. Abdul Haq Saheb & Bros., was running in losses, Cinema theatre and the Automobile work shop were leased out and the petitioner has been remitting the amounts realized by way of rents to the Bank towards instalments payable. Thereafter, Indian Bank, filed a suit in OS No.106 of 1