Andhra Pradesh High Court
Judges : S.S.HUSSAINI
B.R.Naidu - Appellant
Versus
The Special Officer and Competent Authority, urban Land Ceiling, Hyderabad - Respondent
Decided On : 10-04-96
Urban Land (Ceiling and regulation) Act, 1976 - Sub-section (3) of Section 8 - Illegality or infirmity – Contention - Respondent in respect of land in village Golconda petitioners have filed objections along with their relevant title documents and other revenue documents before Special Officer Urban Land Ceiling respondent within stipulated time on ground that they are absolute owners of the property and it does not belong to the declaring - learned counsel for petitioners submits that after objections have been filed by the petitioners before respondent has issued a memo directing petitioners to produce documents mentioned – Held, There is force in the contention of learned counsel for petitioners that it is not for an objector to demolish title of declarants but it is enough if the objector places the material with regard to vested title in him - As such respondent has no right to direct the objectors to produce documents which it desires - It is open to the authority on receiving objections under sub-section (3) of Section 8 of Act to decide the same on its merits and pass orders - learned counsel for the petitioners also submits that petitioners do not want to produce any other documents other than what they have already submitted before the respondent along with objections - But petitioners are prepared to produce originals of the documents at time of hearing - writ petition is disposed of
( 1 ) HEARD both the counsel. Both the parties agreed to dispose of the writ petition.
( 2 ) THE learned Counsel for the petitioners submits that in pursuance of notices issued under sub-section (3) of Section 8 of Urban Land (Ceiling and regulation) Act, 1976 by the 1st Respondent in respect of Ac. 12-00 of land in S. No. 391 of Sheikpet village, Golconda Mandal, the petitioners have filed objections along with their relevant title documents and other revenue documents, before the Special Officer, Urban Land Ceiling i. e. , the respondent within the stipulated time on the ground that they are the absolute owners of the property and it does not belong to the declarant.
( 3 ) THE learned counsel for the petitioners submits that after the objections have been filed by the petitioners before the respondent, the respondent has issued a memo No. E/9133/76, dated 13-9-1996 directing the petitioners to produce the documents mentioned therein. The respondent is entitled only to scrutinise and test the validity of the title of the declarant in the light of the objections and the material i. e. , documents placed before it by the petitioners-objectors. In view of this, the direction issued by the respondent to produce the documents mentioned in the impugned memo to the petitioners, is illegal and not sustainable in law.
( 4 ) THE learned Government Pleader for Revenue appearing for the respondent submits that in order to test the title, the respondent requires the documents mentioned in the impugned memo, as such, there is no illegality or infirmity in respondent directing the petitioners to produce the said documents.
( 5 ) IT is contended by Mr. Chennakesavarao, the learned counsel for the petitioners that it is for the authorities under the Urban Land (Ceiling and regulation) Act, 1976, which empowers only to scrutinise the title or the validity of the title of the declarant, to come to its conclusion whether the declarant is the true owner or not and the objections filed therein by the petitioners-objectors, warrant consideration and pass orders.
( 6 ) SECTION 8 of the Urban Land (Ceiling and Regulation) Act, 1976 reads as under:"preparation of draft statement as regards vacant land held in excess of ceiling limit:- (1) On the basis of the statement filed under Section 6 and after such enquiry as the competent authority may deem fit to make, the competent authority shall prepare a draft statement in respect of the person who has filed the statement under Section 6. (2) Every statement prepared under sub-section (1) shall contain the following particulars, namely:- (i) the name and address of the person, (ii) the particulars of all vacant lands and of any other land on which there is a building, whether or not with a dwelling unit therein, held by such person; (iii) the particulars of the vacant lands which such person desires to retain within the ceiling limit; (iv) the particulars of the right, title or interest of the person in the vacant lands; and (v) such other particulars as may be prescribed. (3) The draft statement shall be served in such manner as may be prescribed on the person concerned together with a notice stating that any objection to the draft statement shall be preferred within thirty days of the service thereof. (4) The competent authority shall duly consider any objection received, within the period specified in the notice referred to in sub-section (3) or within such further period as may be specified by the competent authority for any good and sufficient reason, from the person on whom a copy of the draft statement has been served under that subsection and the competent authority shall, after giving the objector a reasonable opportunity of being heard, pass such orders as it deems fit. "sub-sections (3) and (4) of Section 8 enjoin that the Competent Authority shall duly conside any objections received within the period specified in the notice referred to in. sub-section (3) from the person on w
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