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2012 Supreme(AP) 1018

NOUSHAD ALI
D. Tara Bai – Appellant
Versus
Government of Andhra Pradesh, rep. by its Secretary, Revenue (UL. II) Department, Secretariat – Respondent


Advocates Appeared:
For the Petitioners:A.K. Narasimha Rao rep, C. Rajendra Kumar, Advocates.
For the Respondent: Special G.P. for Assignment.

Judgment

1. Order of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, in proceedings No.B1/6012/76, dated 20.12.1992 passed under Section 8 (4) and Section 9 of the Urban Land (Ceiling and Regulation) Act, 1976 (for brevity ‘the Act’) is challenged in this writ petition, on the ground that the order was passed without following the mandatory procedure; and against a dead person, hence a nullity; and consequently to declare the orders passed under Section 10(1), 10(3), 10(5) and 10(6) of the Act, as illegal.

2. Petitioners are daughters of one Smt. Laxmi Bai. Smt. Laxmi Bai filed declaration under Section 6(1) of the Act before the Special Officer and Competent Authority, Urban Land Ceiling, the 2nd respondent herein, declaring the lands in her possession measuring 24272 sq. meters situated in Sy.Nos.159/1, 159/2 part, 160, 161, and 162 of Guddimalkapur village, (presently Asifnagar Mandal), Hyderabad District. A provisional order under Section 8(1) of the Act together with a notice under Section 8(3) dated 4.06.1980 was served on the declarant, provisionally determining that she held 24,377.02 sq. meters in excess of the ceiling limit. The declarant filed

































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