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2007 Supreme(AP) 51

2007 (2) ALT 322 (D.B.)
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
G.S. SINGHVI, CJ and C.V. NAGARJUNA REDDY, J.
K. Anjana Devi and others - Petitioners.
Versus
Government of A.P., rep., by its Principal Secretary, Revenue Department and others - Respondent.
W.P. No.4121 of 2006 and Batch
Decided on 17-1-2007.
Advocate appeared.
M/s. K. Rajendra Chowdary, Senior Advocate and D. Prakash Reddy, Senior Advocate for Mr. C. V. Bhaskar Reddy, B. Adinarayana Rao, G. Jhansi and P. Venugopal, Advocate for the Petitioners. Advocate General and Mr. G.E. Vahanvati, Solicitor General of India for Respondent Nos.1 to 3.
Mr. A. Saran, Addl. Solicitor General and Mr. E. Madan Mohan Rao, Advocate for Respondent No.4.

Headnote:

A.P. Land Reforms (Ceiling on Agricultural Holdings) Act 1973 – Sections 6, 8, 9, 10, 20 – A.P. Vacant Land in Urban• Areas (Prohibition and Alienation) Act, 1972 – Section 5 – Urban Land (Ceiling & Regulation) Act 1976 – Constitution of India –Article 226 ,32 – Land issue –Petitioners who claim to be the purchasers of small extent of land forming of Raidurg village –They claim to have purchased the said extents from the General Power of Attorney holder of the original landowners and prayed for quashing of the same with a direction to the official respondents to consider their claim for grant of exemption under various Government Orders – Held, Generic observations made in para 15, cannot have the effect of setting aside the various orders passed under the 1976 Act including the notification issued under Section 10(6) – Reading paragraph 15 of the judgment in the manner pleaded by the petitioners would lead to a serious contradiction between the said para and para 17 of the judgment, which contains the final decision viz. allowing of the relevant I civil appeals – Court is of the view that the declarants have taken shelter under G.O.Ms. as a desperate attempt to some how get back a part of the property from out of the excess land – Their conduct disentitles them from making any such claim based on G.O.Ms – Court is of the considered view that these are not fit cases where they can invoke the benefit of the saic G.Os for both the reasons, namely, that they do not satisfy some of the conditions a~ already mentioned hereinabove of the G.Os. and even the public interest does not warran1 consideration of their claims for allotment a1 this belated stage – Writ Petitions Dismissed

ORDER (Per C.V. Nagarjuna Reddy, J.)

The four writ petitions involve common issues. Hence, they are being disposed of by a common order.

2. Writ Petition No.4121 of 2006 has been filed by Smt. K. Anjana Devi and 45 others, who claim to be the purchasers of small extent of land forming part of Survey No.83 of Raidurg (Panmaktha) village, Serilingampally Mandal, Ranga Reddy District They claim to have purchased the said extents from the General Power of Attorney holder of the original landowners (hereinafter referred to as declarants).

3. W. P. No. 4144 of 2006 has been filed by Omprakash Verma and 43 others, who also claim to be purchasers of small extent of land forming part of Survey NO.83 of Raidurg (Panmaktha) Village, Serilingampally Mandai, Ranga Reddy District from the said General Power of Attorney.

4. W.P. No. 4141 of 2006 has been filed by Ahmed Abdul Aziz and 14 others, who claim to be the owners of the land of an extent of Acs.526.07 guntas in Survey No.83 of Raidurg (Panmaktha) Village, Serilingampally Mandl, Rangareddy District (declarants).

5. W.P.No.5776 of 2006 has been filed by the Chanakyapuri Cooperative Housing Society Limited, Secunderabad, which claims to be the holder of Agreement of Sale dated -09-08-1974 allegedly executed by the G.P.A. holder of the owners of the land in Survey No.83 of Raidurg (Panmaktha) Village, Serilingampally Mandal, Rangareddy District.

6. The petitioners have questioned the validity of G.O.Ms.No.161, Revenue (UC-II) Department, dated 13-02-2006 and prayed for quashing of the same with a direction to the official respondents to consider their claim for grant of exemption under various Government Orders viz., G.O.Ms.No.733, Revenue (UC-II) Department, dated 31-10-1988 as clarified in G.O.Ms.No.217, Revenue (UC-II) Department, dated 18-04-2000, G.O.Ms.No.455, Revenue (UC-I) Department, dated 29-07-2002 and G.O.Ms.No.456, Revenue (UC-I) Department, dated 29-07-2002.

FACTS:

7. The factual matrix of these cases can be broadly placed into four categories viz., (1) Proceedings under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act 1973 (for short "the 1973 Act"), (2) Proceedings under Urban Land (Ceiling & Regulation) Act 1976 (for short ~he 1976 Act"), (3) the previous litigation and (4) the present writ petitions.

(1) PROCEEDINGS UNDER 1973 ACT:-

8. Petitioners in W.P.No.4141 of 2006 filed declarations on 11-04-1975 under Section 8(1) of the 1973 Act. The Land Reforms Tribunal, Hyderabad (West) (for short "the Tribunal") passed an order dated 02-06-1976 in C.C.No.632/W/75 holding that Sri Ahmed Abdul Aziz, S/o. Janab Mohammed Rukmuddin Ahmed was having excess land equivalent to 0.4612 standard holdings. Another order was passed by the Tribunal on 16-06-1976 holding that Sri Md. Rukmuddin Ahmed, S/o. Nawab Aziz Jung held excess land equivalent to 1.191 standard holdings. In furtherance of those orders, the possession of the excess land was taken by the State.

9. On 16-07-1980, Sri A. Ramaswamy, G.P.A. holder of the declarants filed a petition before the Lands Reforms Tribunal inter alia stating that after surrendering the excess land of an extent of Acs.99-32 cents, the authorities under the 1976 Act, after holding enquiry, held that the entire area of Acs.525-31 cents held by the 12 declarants in Sy.No.83 of Raidurg Village is vacant land liable to be taken over under the provisions of the 1976 Act and that in view of the law declared by the High Court of Andhra Pradesh that where the provisions of the 1976 Act are applied in respect of any land treated as vacant land, the same land should be treated as agricultural land. In the said petition, an unequivocal statement was made that since the land in Sy.No.83 was treated as vacant land under the provisions of the 1976 Act, the provisions of the 1973 Act are not applicable. It was therefore requested in the said petition to release the extent of Ac.99-32 cents of land to the land owners immediately. The said request having been rejected






















































































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