IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. Rajasekhar Reddy, J.
N. Linga Rao and Ors. - Appellants
Vs.
The Government of Andhra Pradesh and Ors.- Respondent
WP Nos. 21580 of 2008, 6879, 6878 of 2011, 23535, 29244, 20996, 20047, 16450, 18463, 20053, 22525, 22045, 21720, 21658 of 2009, 1367 of 2010, 25230 of 2010, 18805 of 2011, 4189 of 2010, 3649 of 2010, 19926, 21012, 3053, 8886, 33227, 1111, 3940, 11201 of 2011, 34100, 21487, 24560, 5915, 5101, 28858 of 2012, 3777 of 2010, 2554 of 2011, 4598 of 2010, 17533 of 2011, 17150 of 2011, 22117 of 2010, 11892 of 2011, 18001 of 2012, 35263 of 2012, 32909 of 2011, 24308 of 2010, 21999 of 2009, 25724 of 2009, 20112, 18877, 9647, 33105, 33144, 9536 of 2011, 35158, 19235, 17455, 17456 of 2012, 33020 of 2011, 7726 of 2011, 24582 of 2009, 19992 of 2009, 25429 of 2010, 26795 of 2010, 16218, 32435, 32939, 22557 of 2011, 24145 of 2012, 16635 of 2011, 33416 of 2012, 33019 of 2011, 17142 of 2012, 33097 of 2011, 18039 of 2012, 19595 of 2012, 23675 of 2009, 5341 of 2012, 32831 of 2011, 32775 of 2012, 32914 of 2011, 29235 of 2009, 7205 of 2012, 18851 of 2012, 28320 of 2009 and 29045 of 2009
Decided On: 28.03.2017
Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Sections 6, 10(6), 8 (1), 8 (4), 9, 10(1), 10(3), 10 (5) and Repeal Act - Section 3 - Petitions raises a common question of law and fact and hence, they are clubbed heard together and being disposed of by this common order - WP No. 21580 of 2008 is filed seeking to issue a writ of mandamus to invalidate the proceedings issued under Sections - petitioners is petitioner and a pre-deceased son by constituted un-divided family - Joint family owned and possessed several extents of lands and villages had filed a declaration for computation of holding in before the respondent giving details of the vacant lands held by him in excess of the ceiling limit prescribed under the ULC Act as required under Section - Petitioners have not received any communication from the respondent-authorities at any point of time, from the date of submitting declaration by the 1st petitioner - Petitioners obtained certified copies of all the relevant proceedings alleged to have been issued by the 2nd respondent under Right to Information Act and were surprised to note that all the orders were passed ex-parte without any notice to them - Petitioners categorically deny neither they nor their father 1st petitioner have filed any written statement or affidavit giving consent or no objection to take possession of the surplus lands determined – Held, Case there is no material of conducting survey and demarcation and then determination of any surplus land. The determination of surplus land in respect of 1st petitioner is on hypothetical basis – Petitioners which admittedly are joint family properties and there is no material to show that the possession of the surplus land was taken before repeal Act came into force in the State and therefore the impugned proceedings initiated against the petitioners under the ULC Act lapsed in view of Section of the Repeal Act - petitions the lands in question situated villages are the same lands covered by writ petition filed by the declarants and that writ petition being allowed and held that the ULC proceedings initiated in respect of lands covered by writ have lapsed as the respondent-authorities failed to take physical possession and of the subject lands as on the date on which the Repeal Act was adopted as such - disposed of with above directions to authorities to refund the amounts paid on the applications for regularization - Other miscellaneous petitions, if any pending, shall stand closed.
A. Rajasekhar Reddy, J.
1. All these batch of writ petitions raises a common question of law and fact and hence, they are clubbed, heard together and being disposed of by this common order. It would suffice to take WP No. 21580 of 2008 as lead case as the writ is filed by the declarants and covers the lis in other writ petitions as well.
WP No. 21580 of 2008 is filed seeking to issue a writ of mandamus to invalidate the proceedings issued under Sections 8(1), 8(4), 10 (1), 10 (3) and 10 (5) of the Urban Land (Ceiling and Regulation) Act, 1976, (for short, 'the ULC Act') and the panchanama dated 04-03-2008 in CC No. F1/9875/76 on the file of 2nd respondent-Special Officer & Competent Authority, Urban Land Ceiling, Hyderabad, and for issuance of appropriate consequential directions, in the interest of justice.
2. Case of the petitioners is that N. Linga Rao, 1st petitioner (since deceased) per LRs, petitioners 2 and 3 (sons) and a pre-deceased son by name N. Krishna Rao constituted hindu un-divided family. That the joint family of N. Linga Rao owned and possessed several extents of lands in Kukatpally, Moosapet, Kondapur and Kothaguda villages in Ranga Reddy District. N. Linga Rao had filed a declaration for computation of holding in CC No. F1/9875/76 before the 2nd respondent giving details of the vacant lands held by him in excess of the ceiling limit prescribed under the ULC Act, as required under Section 6 of the ULC Act. Notices in relation to that computation were issued on 04-09-2008 by the office of the 2nd respondent to the petitioners and to their tenants requiring them to submit applications for regularization of the lands in question in Sy. Nos. 394 part, 395, 396, 423, 429, 406, 427, 428, 430 and 643 of Kukataplly village. It was informed to the petitioners and their tenants that lands in question in the said survey numbers were declared as surplus lands under Section 10(6) of the ULC Act and vested with the Government having taken possession thereof and if regularization of the said lands is not availed, in terms of GO Ms. 747, dated 02-06-2007, action will be taken against to evict them from the said lands.
3. That after receipt of notices dated 04-09-2008, the petitioners enquired in the office of the 2nd respondent, and were informed that order dated 31-07-1982 was passed under Section 8 (1) of the Act and consequential order under Section 8 (4) of the Act was passed against 1st petitioner-N. Linga Rao declaring him as surplus holder of lands in an extent of 55,915.37 sq. mts. and thereafter notices under Section 10(1) was issued on 25-09-1982, under Section 10(3) was issued on 26-03-2001 and under Section 10 (5) was issued on 17-10-2003 to take over possession of the alleged surplus lands in question and the 2nd respondent claims to have taken possession of the lands in question by conducting panchanama on 04-03-2008. Emphatic case of the petitioners is that no notices were issued to the them before or after passing of orders under Sections 8(1) and 8 (4) of the ULC Act muchless issuance of any notices under Section 10(1), 10(3) and 10(5) of the ULC Act. Petitioners have not received any communication from the 2nd respondent-authorities at any point of time, from the date of submitting declaration by the 1st petitioner-N. Linga Rao. Petitioners obtained certified copies of all the relevant proceedings alleged to have been issued by the 2nd respondent under Right to Information Act and were surprised to note that all the orders were passed ex-parte without any notice to them. Petitioners categorically deny neither they nor their father 1st petitioner-N. Linga Rao have filed any written statement or affidavit giving consent or no objection to take possession of the surplus lands determined under Section 8(1) of the ULC Act.
4. As the proceedings were conducted and concluded behind the back of the petitioners, the proceedings right from the stage of Section 8(1) till Section 10(6) of the ULC Act and the conseque
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