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2002 Supreme(AP) 1022

Andhra Pradesh High Court
Judges : A.R.LAKSHAMANAN, V.ESWARAIAH
Zarina - Appellant
Versus
Special Officer - Respondent
Decided On : 08-28-02

Headnote:

Urban Land (Ceiling and Regulation) Act, 1976 - Section 26 (1) - Writ of mandamus – Sale deed for registration in respect of land - Seeking to issuing proceedings in rc. by ordering operation of No Objection certificates issued in different files in months of November and December 1995 - M. Krishna Rao, M. Srinivasa Rao and m. Narasimha Rao filed declarations under section 6 (1) of Act declaring lands held by them in Sy. No. 20, Vidhyadhara puram, Vijayawada Urban Agglomeration and same were numbered as C. C. respectively - Special Officer and Competent Authority, after conducting an enquiry, declared m. Krishna Rao as surplus land holder to an extent of 16,530 Sq. Mtrs, M. Srinivasa Rao as surplus land holder to an extent of 15,888 sq. Mtrs and M. Narasimha Rao as surplus land holder to an extent of 16,348 Sq. Mtrs respectively vide his proceedings under Section 8 (4) of Act - Thereafter, Section 10 (1) notification was published on 20-11-1980. Section 10 (3) notification was published on 07-05-1985 and Section 10 (5) proceedings were issued - Thus, declarations filed by aforesaid three declarations filed by aforesaid three declarants have become final and no one questioned the same - Held, It is clear that case of fraud with connivance of the officials of 1st respondent and vendors of petitioners herein - Therefore, it is a fit case to launch prosecution and take appropriate action against all concerned persons who have made enquiries on notices issued by vendors of petitioners for grant of no Objection Certificates and whoever have dealt with proceedings for grant of No objection Certificate - Here is a case where unscrupulous elements with the connivance of the officials have played fraud defeating the object of the Urban Land ceiling Act. It is also open for the first respondent to take action against the said declarants (A Party individuals) and the vendors of Writ Petitioners i. e. 17 (B Party) individuals for violations of the provisions under ULC Act in accordance with law- Therefore, we are of the view that severe action needs to be taken against all the persons concerned - Writ Petition dismissed.

V. ESWARAIAH, J.

( 1 ) THE unsuccessful 96 Writ Petitioners filed this Writ Appeal in dismissing W. P. No. 19190/2001 by the learned Single Judge on 08-04-2002. The appellants filed Writ petition to issue a writ of mandamus to declare the action of the Special Officer and competent Authority, Urban Land Ceiling, vijayawada in issuing the proceedings in rc. No. A-2/309/1996 dated 30-10-1996 by ordering the operation of No Objection certificates issued in different files in the months of November and December 1995 under Section 26 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short the Act ) in respect of the several extents of the lands in Sy. No. 20/p of Vidhyadhara puram, Vijayawada in abeyance and further directing the Sub Registrar, Gandhi Nagar, vijayawada and the District Registrar, vijayawada not to entertain any sale deed for registration in respect of the said land, is arbitrary, illegal and to direct the Sub registrar and the District Registrar of vijayawada to entertain the registration of sale documents which may be presented by them in respect of the said land without reference to the proceedings of the 1st respondent dated 30-10-1996.

( 2 ) BRIEF facts of the case are that one M. Krishna Rao, M. Srinivasa Rao and m. Narasimha Rao filed declarations under section 6 (1) of the Act declaring the lands held by them in Sy. No. 20, Vidhyadhara puram, Vijayawada Urban Agglomeration and same were numbered as C. C. Nos. 291, 292 and 293 of 1976 respectively. The special Officer and Competent Authority, after conducting an enquiry, declared m. Krishna Rao as surplus land holder to an extent of 16,530 Sq. Mtrs, M. Srinivasa Rao as surplus land holder to an extent of 15,888 sq. Mtrs and M. Narasimha Rao as surplus land holder to an extent of 16,348 Sq. Mtrs respectively vide his proceedings dated 18-09-1978 under Section 8 (4) of the Act. Thereafter, Section 10 (1) notification was published on 20-11-1980. Section 10 (3) notification was published on 07-05-1985 and Section 10 (5) proceedings were issued on 24-09-1985. Thus, the declarations filed by the aforesaid three declarations filed by the aforesaid three declarants have become final and no one questioned the same.

( 3 ) SUPPRESSING the said facts, the said declarants allowed to pass an award dated 27-04-1995 by the arbitrators pursuant to the agreement dated 19-03-1995 entered into between the said declarants and 17 others and filed O. S. No. 211/1995 for making the award as rule of Court. Accordingly, the principal Subordinate Judge, Vijayawada, in o. S. No. 211/1995 made the award dated 27-04-1995 as rule of Court and made the decree in terms of the award by passing the decree stating that the agreement of sale dated 19-04-1973 and endorsement dated 01-10-1973 is true and genuine and 17 individuals are found in adverse possession and enjoyment of 0-50 cents of the land each and the said declarants are entitled to certain interest on the balance sale consideration payable by the said 17 individuals and the declarants were directed to deliver the vacant possession of 0-50 cents each in favour of 17 individuals in respect of the same property in Sy. No. 20 Vidhyadhara puram, Vijayawada Urban Land agglomeration. Pursuant to the order and decree of the civil court dated 27-04-1995 made in O. S. No. 211/1995, 17 persons issued notices under Section 26 (1) of the Act for the transfer of the vacant land and the said applications were enquired into and No objection Certificates were issued permitting them to sell the land in the months of November/december, 1995. Accordingly, the sale deeds were registered in favour of the appellants herein. The appellants herein, in turn, wanted to sell the lands in question but respondents 2 and 3 have not entertained any document for registration in respect of the land in sy. No. 20/p, Vidhyadhara Puram, vijayawada and on enquiry, they came to know that the 1st respondent passed the impugned orders dated 30-10-1996 suspendi












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