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1999 Supreme(AP) 1183

Andhra Pradesh High Court
Judges : A.GOPAL REDDY
Kothuru Babu Surendra Kumar (died) - Appellant
Versus
Special Officer and Competent Authority, Urban Land Ceiling.Vijayawada - Respondent
W.P.No.8411/92 & Batch
Decided On : 12-27-99
Advocates Appeared :
M/s.T.S. Harinath, P.M. Gopal Rao

Headnote:URBAN LAND (CEILING & REGULATION) Act, 1976 - Secs.8(4), 9,10(1), 10(3) & 10(5) - Competent authority has to follow mandatory provisions under the Act by issuing notice to persons likely to be affected - Non issuance of notice and its service upon interested persons is fatal and entire proceedings and consequential orders are declared as non est.

A. GOPAL REDDY, J.

( 1 ) IN this batch of writ petitions, the question of law and facts are identical and therefore, I am disposing of them by a common order.

( 2 ) IN all the writ petitions filed the petitioners prayed to call for the records in c. C. No. B4 2728/82 on the file of the first respondent and to issue a Writ of mandamus declaring the impugned orders dated 12-4-1990 of the second respondent and the consequential orders of the first respondent dated 19-2-1991 issued under section 10 (1) and 10 (3) of the Urban Land (Ceiling and Regulation) Act, 1976 (Central act 33 of 1976) (for short the Act ) by the first respondent; and notice dated 28-2-1992 issued under Section 10 (5) of the Act, as null and void in so far as the petitioners lands are concerned.

( 3 ) THE facts, in nutshell in W. P. No. 14986 of 1992, are that the petitioner is the owner of the land to an extent of Ac. 0-13 cents (625 square yards) out of Ac. 1-67 cents in R. S. No. 143/2 of Patamata village, which was purchased by his late father under a registered sale deed dated 16-10-1966 from the fourth respondent-Smt. Garikapati thulsamma and her daughter-Annapurnamma; and ever since his father was in possession and after demise of his father, he was in possession of the property. The remaining extent of Ac. 1. 54 cents which is an agricultural lands/ was purchased by marris Stella College Employees Cooperative Building Society, Vijayawada by a registered sale deed dated 14-3-1978. The said society also acquired some other land adjacent to the same and made application. to the Grampanchayat for conversion of use of the land into house plots and for approval o f lay out including the lands of the petitioner in W. P. No. 14986 of 1992. The ysaid proposals were forwarded to the director of Town Planning, Hyderabad, who approved the lay out vide sanction order dated 28-10-1978 in L. P. No. 319 of 1978 as revised in L. R. No. 121 of 1978. After sanctioning the lay out the society made the land into plots by laying roads etc. , Due to xfre same, an extent of about 151 yards belongs to the petitioner in W. P. No. 14986 of 1992 was affected in road and the. remaining extent is only. 475 square yards.

( 4 ) THE petitioners in W. P. No. 8411 of 1992; W. P. No. 9224 of 1992; W. P. No. 10450 of,. 1992 purchased the house plots to an extent between 600 Sq. yards and 700 Sq. ; yards each under registered sale deeds dated 7-5-1979 from Maris Stella College employees Co-operative Housing Society, vijayawada, (for short the Society ) who is the fourth respondent in the writ petitions except in W. P. No. 14986 of 1992 and some of them also paid development charges and betterment charges and got the building plans approved by the Vijayawada municipal Corporation in the year 1990. While so, Smt. Garika> ati Tulasamma filed a statement under Section 6 (1) of the Act showing Ac. 0-03 cents equivalent to 121 Sq. meters of vacant land situated in Patamata village, in which she mentioned with regard to item No. 2 that Ac. 1. 54 cents of land equivalent to 3116sq. meters situated in r. S. No. 143/2 of Patamata village is an agricultural land situated outside the municipal limits qf Vijayawada and she sold the same to the Society in the year 1978 as agricultural land. In C. C. No. B. 4/cc/ 2728/82 draft statement dated 20-11-1985 as per Section 8 (1) and 8 (3) of the Act was issued, in which, Smt. Tulsamma was declared as surplus land holder of 1,500 Sq. meters by treating the agricultural land to an extent of Ac. 1,54 cents as vacant land which was sold to the Society. Smt. Tulsamma filed objections in the year 1984. Thereafter,. the first respondent issued an order under Section 8 (4) of the Act on 28-5-1984 stating that the declarant is entitled to have an extent of 1,500 Sq. meters and she has to surrender 1837,11 Sq. meters of land as excess land. Smt. Tulsamma filed an appeal before the appellate authority; and the appellate authority, by order dated 19-2-1991 in proceedi


























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