Back
2016 Supreme(AP) 337
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M.S. RAMACHANDRA RAO, J.
Syed Jahangir - Petitioners
Vs.
The District Collector, Hyderabad, Hyderabad District and Others - Respondents
Writ Petition No. 26405 of 2012
Decided On : 17-8-2016
For the Appellant : Sri. E. Manohar, Senior Counsel Appearing for Sri. A. Prabhakar Rao.
For the Respondent:Sri. B. Mahender Reddy, Special Government Pleader attached to the Office of the Advocate-General.
Headnote:
Urban Land (Ceiling and Regulation) Act, 1976 – A.P (Telagana Area) Land Revenue Act, 1317 – Section 24 – Seeking to interfere with possession of petitioners in respect of land as illegal and without jurisdiction, and to pass such other order or orders as this Court deems fit and proper – Petitioners contend that an extent of 988.49 sq.mtrs, 983.70 sq.mtrs, and 1025.98 sq.mtrs in survey No. 563/1 of was acquired by them under a Gift Deed executed by their mother – She died according to petitioners acquired land from late Pingili Venkata Rami Reddy and others. Syed Aziz died in 1960 leaving behind his wife Smt. Fatima Begum and five sons and three daughters by name mother of the petitioners – Held, Petition is not defective on the ground that there is no specific consequential prayer made by the petitioners; the Sethwar and Pahanies filed by both parties indicate that land in Survey of Bagh Amberpet Village is patta land, that it is not Government land, and there is no water tank from time immemorial therein; merely because land in Survey is described as Errakunta Patta, it cannot be construed that there is a water body in it and the term Errakunta is merely a local name given to patta land and nothing more; the land in Survey is correlated to T.S in the Town Survey Land Records; mother of petitioners and other family members including Syed Azam declared land in Survey No. 563/1 under Act, 1976; physical possession of land was not taken by the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad from Syed Azam and his family members in view of the status quo order granted in WPMP. as admitted in the proceedings in L.R issued by Office of Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad; plea of respondents that possession of the land in Survey was taken from the petitioners is not supported by any material evidence; consequent on the repeal of Act, 1976 by Urban Land Ceiling and Regulation Repeal Act, 1999 and its adoption in State of Andhra Pradesh from 27.03.2008, all proceedings under the said Act abated; this was accepted by 4th respondent in G.O.M.S Revenue (UC.IV) Department – Petition is allowed. (Paras 96 and 97)
M.S. RAMACHANDRA RAO, J.:
This Writ Petition is filed by petitioners to declare the action of respondents in seeking to interfere with the possession of petitioners in respect of land admeasuring 988.49 sq.mtrs, 983.70 sq.mtrs, and 1025.98 sq.mtrs in survey No. 563/1 of Bagh Amberpet, Hyderabad as illegal and without jurisdiction, and to pass such other order or orders as this Court deems fit and proper.
CONTENTIONS OF PETITIONERS
2. The petitioners mother is Smt. Yousufunnisa Begum, and their father is late Naseeruddin. Smt. Yousufunnisa Begum is the daughter of one Syed Aziz.
3. Petitioners contend that an extent of 988.49 sq.mtrs, 983.70 sq.mtrs, and 1025.98 sq.mtrs in survey No. 563/1 of Bagh Amberpet, Hyderabad was acquired by them under a Gift Deed dt.21.01.2000 executed by their mother Smt. Yousufunnisa Begum. She died on 26.2.2003
4. According to the petitioners, Syed Aziz acquired Acs.299.11 guntas at Bagh Amberpet, Hyderabad under registered sale deed No. 49/1946 from late Pingili Venkata Rami Reddy and others. Syed Aziz died in 1960 leaving behind his wife Smt. Fatima Begum and five sons by name Syed Azam, Syed Afzal, Syed Omer, Syed Ali and Syed Amza and three daughters by name Mahamadunnisa Begum, Hafeezunnisa Begum and Yousufunnisa Begum (mother of the petitioners).
5. According to the petitioners, Smt. Yousufunnisa Begum along with other legal heirs of Syed Aziz filed declaration under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 before the Competent Authority under the Act. He issued Draft Statement on 26.05.1980 under Section 8(4) of the Act and also a notice under Section 9 of the Act on 12.6.2003 determining that the family members of Syed Aziz hold land in excess of permissible limit under the Act admeasuring 86,422 sq. mtrs., by including other lands also in computation of holding of the family members of Syed Aziz. Notice under Section 10(5) of the Act was issued on 05.02.2004
6. Sri. Syed Azam, who is the son of Syed Aziz, filed W.P No. 3499 of 2004 questioning the notice under Section 10(5) of the Act and obtained an order of status quo. Petitioners allege that therefore the respondents did not take possession of the land in survey No. 563/1 and other survey numbers referred in the said notice in view of the above interim order.
7. Subsequently, the Urban Land (Ceiling & Regulation) Repeal Act, 1999 (for short the Repeal Act) was adopted by the State Government w.e.f 27.03.2008 and by virtue of the Repeal Act, all cases in which possession was not taken and where proceedings did not culminate in action under Section 10(6) of the Act abated.
8. Petitioners contend that they continued to be in possession of the lands in survey No. 563/1 and that W.P No. 3499 of 2004 was dismissed as infructuous on 09.07.2012 in view of the repeal of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 w.e.f 27.03.2008
9. Petitioners contend that petitioner nos. 1 and 2 applied to the Government of A.P under G.O.M.S No. 455 and 456 dt.29.07.2002 seeking regularization of the land in their occupation i.e, 988.49 sq.mtrs, 983.70 sq.mtrs, and 1025.98 sq.mtrs in survey No. 563/1; that the Special Officer and Competent Authority, by proceedings No. H2/456/08 and 17/06 dt.24.03.2011, stated that the amounts paid by them for regularization of the land in their occupation was to be returned to them in view of the repeal of principal Act, particularly since possession was not taken; and the State Government had even issued G.O.M.S No. 605, Revenue (UC.IV) Department, dt.15.06.2009 exempting the land measuring 1025.98 Sq. Mts., in survey No. 563/1 belonging to 3rd petitioner under the provisions of the Act.
10. They contend that the 3rd petitioner even submitted an application to the Commissioner of Greater Hyderabad Municipal Corporation, Hyderabad [for short, GHMC] for regularization of this plot under G.O.M.S No. 902 Municipal Administration dt.31.12.2007, and by proceedings dt.29.06.2011 in reference No. LRS
