JUDGMENT

R. RAGHUNANDAN RAO, J. - Heard Sri Balaji Medamalli, Mr. S. Raja Sekhar Kashyap, Mr. M.V.S. Suresh Kumar and Sri G. Pedda Babu, learned counsel appearing on behalf of Sri G. Ramachandra Rao, learned counsel for the petitioners/appellants and Sri D.V. Seetharam Murthy, Sri S.S. Bhatt, learned Government Pleader for Revenue and Additional Advocate General, appearing for the respondents.

2. The Urban Land (Ceiling and Regulation) Act, 1976 (for short "the Act") came into effect on 17/2/1976. By that date, one Sri M.Venkata Subba Rao was the owner of Ac.2.00 of land and Smt. M. Sambrajyam was the owner of Ac.1.00 cents of land in Survey No.7 of Vidyadharapuram, Vijayawada Municipal area. They had filed applications, for exemption under Sec. 20 of the Act, from the provisions of the Act on 21/5/1979. While these petitions were pending, both Sri M.V Subba Rao and Smt. M. Sambrajyam were declared to be holding excess land to an extent of 6218 sq.mts in CC.B1-337/1976 and 2547 sq.mts in CC.B1- 285/1976 respectively. In the case of Sri M.V. Subba Rao, the proceedings under Sec. 10(1) of the Act on 21/9/2018 was published in the Gazette dtd. 20/11/1998, the proceedings under Sec. 10(3) of the Act on 17/12/1983 was published in the Gazette dtd. 26/12/1983. Subsequently, notice under Sec. 10(5) of the Act is said to have been sent by registered post with acknowledgement due, on 13/4/1984 to Sri M.V. Subba Rao. It is claimed that notices were served on Smt. M. Sambrajyam, by the surveyor.

3. Sri M.V. Subba Rao moved the erstwhile High Court of Andhra Pradesh, by way of W.P.No.8797 of 1984, contending that the Urban Land Ceiling Authorities cannot take possession of the 6218 sq.mts, declared as excess land, until his application for exemption is disposed of. The learned Single Judge of the Hon"ble High Court by an order dtd. 20/6/1984 had directed Sri M.V. Subba Rao should not be evicted from his land till further orders. Subsequently, the writ petition was allowed on 9/11/1984 directing that Sri M.V. Subba Rao should not be evicted from the land until his exemption application is disposed of. Sri M.V. Subba Rao passed away on 1/7/1985 and this fact was intimated to the authorities by his widow who informed the authorities that the authorities should take note of the legal heirs of late Sri M.V. Subba Rao being herself and their five sons and five daughters. The application for exemption is said to have been rejected by the authorities on 1/10/1994 by way of a memo 66547/NC.I/1(89-12).

4. In the case of Smt. M. Sambrajyam, exemption application was filed on 21/5/1979 and 10(1) notification dtd. 29/9/1980 was published in the Gazette dtd. 20/11/1980, 10(3) proceedings dtd. 17/12/1983 published in the Gazette dtd. 26/12/1983. The 10(5) notice is said to have been served on the declarants through a special surveyor on 13/4/1984. Be that as it may, Smt. M. Sambrajyam filed W.P.No.13136 of 1984, before the high court, for stay of dispossession till her application for exemption was disposed of. An interim direction, staying dispossession was granted on 18/9/1984 and the writ petition was allowed on 7/7/1988 directing stay of further dispossession of Smt. M. Sambrajyam till her application for exemption was disposed of. The exemption application was rejected by way of Memo 1868/UC.I(1)/84-10 dtd. 26/7/1994. Smt M. Sambrajyam and legal heirs of Sri M.V. Subba Rao contend that these orders of rejection were not served on them at all and they had no knowledge of these proceedings until the rejection proceedings were produced in the course of hearing of W.P.No.35416 of 2013.

5. The Special Officer and competent authority Urban Land Ceiling is said to have authorised the Special Deputy Tahsildar No.2 to take over possession of the excess land held by Sri M.V. Subba Rao and Smt. M.Sambrajyam and possession is said to have been taken over by the Special Deputy Tahsildar No.2 on 22/12/1994 and 30.12.21994 respectively. The declarants deny any not