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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.1/33616/92 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.

10. Aggrieved by the same the petitioners filed the writ petition urging the following grounds:

Land in S. No. 83 of Raidurg village was an agricultural land. The names of the original owners were entered in the pattas and other revenue records as pattadars. Raidurg village had become part of the urban agglomeration only by virtue of amendment to the Master plan in September 1980, that is, subsequent to both the notified and appointed date under the Central Act. The Central Act has no application to the land in question. The proceedings dated 5-8-1993 of the respondent No. 4 ab initio void, so also the proceedings of the respondent No. 5 dated 3-9-1993. The orders issued by the first respondent in G.O.Ms. No. 5013 Revenue (U.C.I.) Department dt. 19-12-1990 are void ab initio, that the order passed Under Section 23 of the Central Act as illegal as the same not followed by the procedure Under Sections 8, 9, 10 of the Central Act. Proceedings Under Section 10(3) and 10(5) of the Central Act which were made subsequent to 19-12-1980 as such not valid. Even the panchanama dated 20-7-1993 showing that possession of Ac.99-17 cents in S. No. 83 has been taken possession only mere paper possession, that neither the petitioners surrendered the said land nor the Central Act had any application. Orders of the respondents in respect of Ac.99-17 cents which were redelivered to the petitioners pursuant to the primary Tribunal's order is quite incorrect. Proceedings of the respondents are contravention of Section 2(o) of the Central Act. All the proceedings initiated by the respondents under the Central Act subsequent to redelivery directed by order of the primary land Tribunal and Mandal Revenue Officer, by exercising powers under the State Act are quite illegal and contrary to the decision of the Supreme Court rendered in Smt. Atia Mohammadi Begum v. State of U.P., .

17. As an answer to the above contentions Sri Raghuram the learned Senior Advocate took us through the pleadings in the writ petition and also the order of the learned single Judge and some of the provisions of the Central Act. His case is that the land in question originally belonged to Ruknuddin Ahmed and others who in turn executed power of attorney in favour of the sixth respondent so also sale deeds in his favour. Executing irrevocable power of attorney and executing sale deeds were much earlier to coming into force of Land Reforms Act 1973 which came into force from 1-1-1976. As a law abiding ' citizen they filed declarations before the primary Tribunal under the State Act which were numbered as C.C. Nos. 629/75 to 640 of 1975. On scrutiny the primary Tribunal determined two of the said declarants viz., Sri Ahmed Abdul Aziz (C.C. 632 of 1975) and Sri Mohammed Ruknuddin Ahmed (C.C. 638 of 1975) as surplus owners to an extent of Ac.99-17 cents in S. No. 83 of Raidurg village (Pan Maqta), Rangareddi district which was renumbered as S. No. 83/2 and the remaining extent was numbered as S. No. 83/1. The Central Act came into force on 17-2-1976. Under bona fide mistake the sixth respondent filed declaration before the competent authority constituted under the Central Act even though there was no necessity to file such declaration as the land in question was agricultural land situated outside the urban land and not included in the master plan. The competent authority without applying its mind, (i) to the provisions of the Act, (ii) to its jurisdiction to decide the application with reference to the master plan and (iii) to the fact whether the land is question in included in the master plan or not, allotted the holding of surplus land to an extent of 18,94,472 square metres in S. No. 83 by G.O.Ms. No. 5013 Revenue (U.C.-1) even before filing of a surrender statement Under Section 10(5) of the Act. However aggrieved by the said notifications the General power of attorney filed his objections. Meanwhile land owners also filed their objections before the primary Tribunal constituted under the State Act seeking redelivery of the land which was rejected by the primary Tribunal. In view of the principles laid down by the Full Bench decision (A.I.R. 1978 A.P. 106) an appeal was filed before the Appellate Tribunal. The said appeal was allowed remanding the matter to the primary Tribunal to consider the request of the petitioner to redeliver surplus land which resulted in redelivery on 25-4-1990. Subsequent to redelivery 91 sale deeds were executed in respect of Ac.213-75 cents out of which the writ petitioners purchased Ac.156-11 cents. 18. As on the appointed day the land in question was an agricultural land and, therefore, the sale deeds made in favour of the petitioners are valid. Any annulment could only (be) by the authorities constituted under the Land Reforms Act. But, ignoring the same the Inspector General of Registration and Stamps the 4th respondent directed the fifth respondent viz. the District Registrar of Registration and Stamps, Rangareddi district to cancel the sale deeds in favour of the petitioners which resulted in passing the orders under challenge. The orders of the competent authority determining the holding as vacant land and allotting excess land to the third respondent is ab initio void. Again the acts of fourth and fifth respondents in annulling the sale deeds is illegal and without any authority of law. To show that the land in question was agricultural land on the appointed day the owners of the land produced several documents including revenue records which evidenced that they were the owners in possession of the land and the land was an agricultural land and the same was not denied by the respondents. The respondents 1 to 5 exceeded their jurisdiction in passing orders against the owners of the land. No fraud or misrepresentation was made at any time by the owners of the land. Declaration, if any, filed before the competent authority constituted under the Central Act was a misconceived one and any action taken basing on such declaration is neither valid nor estops persons interested in the land in question to get their rights determined before some other authority which is really vested with the jurisdiction. In respect of other portion of the same S.No. 83 of Raidurg Village the Division Bench of this Court passed order in favour of the owners and negatived the contentions of the State. On the facts the same principles laid down therein are equally applicable to the case on hand. This appeal cannot be allowed unless this division Bench takes a view other than the one already taken by the Division Bench in Writ Appeal No. 1220/94. The facts of Atia Mohammadi Begum case (1 supra) apply to the facts of this case. In order to avoid unnecessary confusion and to see that the authorities constituted under the Central Act while determining the applications time and again the concerned authorities of the Central Government instructed the authorities to follow strictly the principles laid down by Supreme Court in Atia Mohammadi Begum case, (1 supra) advised the Government of India, Ministry of Urban Affairs and Employment (Department of Urban Development) by its letter dated 20-9-1996 how the provisions of the Central Act are to be made applicable and what should be the circumstances in order to make applicable provisions of the Central Act. He lastly contended that the order of the learned single Judge is just one and it is in conformity with the principles laid down by the Supreme Court in Atia Begum case, (1 supra) impliedly agreed on the principles by the Union of India's observations made in the said Judgment and as such no case has been made out to interfere and the appeal be dismissed.

19. The facts as to original pattadars executing sale deeds in favour of the sixth respondent in respect of S. No. 83 of Raidurg Village executing several agreements of sale and later selling the land in bits to the petitioners, filing declaration before the authorities constituted under the State Act and their determination, their filing of declaration before the competent authorities constituted under the Central Act, in between getting redelivery of the alleged surplus land, are not in dispute. The issue involved is whether as on the date of coming into force of the Central Act was it applied to S. No. 83 of Raidurg Village, Serilingampalle Mandal of Rangareddi district or not? The Act in question is applicable to the lands which are situated in Urban Agglomeration, being vacant lands and included in the master plan. The Central Act is a beneficial legislation made to give effect to the object of Directive principles of State Policy.