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J. B. PARDIWALA, R. MAHADEVAN
A. P. Electrical Equipment Corporation – Appellant
Versus
Tahsildar – Respondent
JUDGMENT :
J.B. PARDIWALA, J.
1. Since the issues raised in both the captioned appeals are same, the parties are also same and the challenge is also to the self-same judgment and order passed by the High Court, those were taken up for hearing analogously and are being disposed of by this common judgment and order.
2. “…..One of the first and highest duties of all courts is to take care that the act of the Court does no injury to any of the Suitors, and when the expression ‘the act of the Court’ is used, it does not mean merely the act of the Primary Court, or of any intermediate Court of appeal, but the act of the Court as a whole, from the lowest Court which entertains jurisdiction over the matter up to the highest Court which finally disposes of the case.” [Privy Council in Alexander Rodger Charles Carnie v. Comproir D’Escompte De Paris, 1871 Law Reports 3 Privy Council 475]
3. These appeals arise from a common judgment and order passed by the High Court for the State of Telangana and Hyderabad dated 03.01.2022 in Writ Appeal No. 665 of 2022 and Writ Appeal No. 670 of 2022 respec
The court ruled that actual physical possession must be established for the State to validly claim ownership under the Urban Land (Ceiling and Regulation) Act, 1976, and procedural requirements for n....
The court held that statutory compliance under the Urban Land (Ceiling and Regulation) Act is mandatory for valid dispossession, emphasizing that mere vesting does not equate to possession.
Possession of land under the Urban Land (Ceiling and Regulation) Act must be established lawfully; mere vesting does not equate to possession, especially post-repeal.
Failure to issue mandatory notices under the Urban Land Act invalidates state claims of land possession, allowing petitioners to retain ownership rights based on ongoing lawful occupancy.
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