About a case withdrawal procedure
A V Raghavaiah
(Querist) 28 May 2016
This query is : Resolved
We have bought a plot in 1979 from one land owner who has done a layout and sold as different residential plots in Hyderabad in sy no28,29,30 &44. In 2007 , the original land owner was served notice by the district collector that your land in sy no.30 is falling under ULC (urban land sealing) and Govt of AP will takeover the land. The group of people who the members in this layout put up a case against the govt in Hyd high court, saying "highly illegal, unreasonable, arbitrary, discriminatory unjust, and unconstitutional being vioaltive of principles of natural justice provisions of Section 8 & 9 of the Urban Land Ceiling & Regulation) Act, 1976 Articles 14 and 19 fothe Constitution of India besides being opposed to all canons of equity, justice and fair play" in 2010. I have joined the same group through implead petition.
Now the case status is court issue a "Status quo" oders in 2014 and pending . Now govt has issued some GO and asking public who are having land in ULC category to regularise by paying the some 25% and 50% of the present land rate and with another condition , it should be free from any legal litigations and to be submitted within a month date from 26/05/2016.
I am confused what do , whether to avail this govt. offer and pay and regularise or wait for the court judgement .if I wait I don't know how long it will take , so I am thinking to go for this regularisation offer .
In that case can any expert suggest me what is the procedure , how long it may take time and if there is no nearby hearing in that case also can we approach the court and withdraw from the case.
P. Venu 
(Expert) 28 May 2016
What is the opinion of the advocate?
A V Raghavaiah
(Querist) 28 May 2016
My advocate says case may be disposed any time in our favour , so wait for it. It is being told for 2yrs.
Rajendra K Goyal
(Expert) 28 May 2016
Compromise if on acceptable terms happens, it is better generally.
A V Raghavaiah
(Querist) 28 May 2016
Compromise with whom sir ? I could not understand? the case is between us and Govt . I want know the procedure how to withdraw the case which is in high court and is it possible to withdraw with in 15 days or so if there is no near by hearing?
With regards and thanks
T. Kalaiselvan, Advocate
(Expert) 31 May 2016
Since the court has already issue orders for status quo and the property is in your possession, why do you want to hurry up to finalise the issue by accepting the government offer at this stage. The government cannot make acquisition of your property by force when there is a status quo order in existence and the government side has not taken any step to vacate he order.
Whether the offer made by the government now is justifiable?
What will be the problem for you while you enjoy the status quo privilege so long the case is pending disposal by the court?
In my opinion it would be better that you go by your advocate's advice.
However for withdrawing from the case you may have to file a memo before the court with reasons to permit you to be out of the case if you are a defendant and here was no relief claimed against you by he plaintiff, this may be possible since you filed an implead petition on our own voluntarily hence the plaintiff may not have any relief agaisnt you.
You can ask your own advocate about the procedure for withdrawal.
