The petitioner herein seeks a declaration that the gazette notification published at pages 892 and 893 of Andhra Pradesh Gazette Notification No.25, dated 19.06.1997 and notice issued under sub-section 5 of Section 10 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short “the Act”), are illegal, void and violative of G.O.Ms.No.733 dated 31.10.1988 issued by the Government.

It is the case of the petitioner that he owned agricultural land admeasuring Ac.1.00 in Sagbowli village and also 700 square yards of land in Shanthinagar, Hyderabad, on which he had constructed a house bearing H.No.10-2-289/77. After the Act came into effect, the petitioner filed a statement in Form No.1 under Section 6(1) of the Act, furnishing the details and extent of the land he owned. Subsequently, the Government issued G.O.Ms.No.136, Revenue, dated 28.01.1981, formulating a scheme under the Act that the owners, who had excess land than the ceiling limit can sell the land to any housing society, which would provide house sites to the weaker sections of the society. Based on the said Government Order, the petitioner had entered into an agreement of sale with one M/s Sridevi Cooperative Housing Society Limited for sale of his land in the year 1982. Meanwhile, the Government of A.P., issued G.O.Ms.No.964 dated 27.06.1983 denying the benefits given to the cooperative societies under G.O.Ms.No.136 dated 28.01.1981. The said G.O.Ms.No.964 was questioned in this Court, and later in the Supreme Court, by the aggrieved. The petitioner also stated to have made an application to the Government seeking exemption of the land situated at Sagbowli village from the provisions of the Act, but no action had been taken. Subsequently, in the year 1985, the Special Officer under the Act issued a statement under Section 8(1) of the Act and called for objections from the petitioner. Accordingly, the petitioner filed objections bringing all the facts to the notice of the first respondent. After considering the objections, the first respondent passed an order under section 8(4) of the Act on 23.04.1985 determining that the petitioner had no vacant land at Shanthinagar and that the entire land admeasuring Ac.1.00 situated at Sagbowli is vacant.

Subsequently, the Government of Andhra Pradesh issued G.O.Ms.No.733 dated 31.10.1988 whereby an extent of Acs.5.00 of vacant land held by any person in peripheral areas is exempted from the provisions of the Act. On the basis of the said Government Order, the petitioner claims that he has no excess land as the land possessed by him at Sagbowli is only an extent of Ac.1.00 and it is in the peripheral area and as such it is exempted. Subsequently, on the basis of G.O.Ms.No.733 dated 31.10.1988, the petitioner alienated his land at Sagbowli to various members of M/s Sridevi Cooperative Housing Society Limited in the year 1990.

However, on 31.07.1997, the petitioner was served with a notice under Section 10(5) of the Act informing him that the land possessed by him at Sagbowli had vested in the State Government with effect from 16.06.1997 by virtue of gazette publication dated 19.06.1997. Questioning the same, this writ petition is filed.

A counter is filed on behalf of the respondents. It is stated in the counter that petitioner filed a statement in Form No.1 under Section 6(1) of the Act in respect of 4000 square meters in Plot No.7 in Sy.No.1 of Sagbowli village. After due enquiry under Section 8(1) of the Act, an order was passed on 28.01.1985 determining the petitioner as surplus vacant land holder to an extent of 3,585.29 square meters in the said survey number, and the said order was communicated to the petitioner on 04.02.1985. In response to the same, the petitioner filed objections on 20.02.1985 stating that he had entered into an agreement with one M/s Sridevi Cooperative Housing Society Limited on 26.01.1982 for sale of the said land and the matter is pending in the Supreme Court regarding the validity of G.O.M