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RAVI CHEEMALAPATI
S. M. A. Khader – Appellant
Versus
Government of Andhra Pradesh – Respondent
JUDGMENT :
1. This writ petition has been filed questioning the Memo No.31129/UCIII(2)/99, dated 03.09.2012 and the rejection order dated 08.07.2013 and for a consequential declaration that the petitioner is entitled to hold the urban land declared by him, which was exempted as per G.O. Ms. No.976 dated 03.08.1997 and G.O. Ms. No.2312 dated 20.05.1980.
2. The case of the petitioner as set out in the writ affidavit in brief is that he alongwith his mother and three sisters filed declarations under Section 6 (1) of the URBAN LAND CEILING ACT , 1976 in CC Nos.2284 and 2286 to 2289/76, declaring the properties devolved from his late father clearly mentioning therein that NTS No.240, VJA measuring 1,672.20 Sq. mts., is covered by a cinema theatre by name Rajakumari Talkies constructed prior to 1958 and the land in NTS No.468, VJA has on its premises an automobile workshop constructed in the year 1966 with the building permission granted by Municipal Corporation, Vijayawada. Alongwith the said declaration, the petitioner had applied for exemption to the Industries Department, Hyderabad for the commercial units situated in NTS Nos.240 & 468. Pursuantly, the enquiry staff viz., Deputy Inspec
Exemption orders under Section 20(1) of the Urban Land Ceiling Act remain valid post-repeal if no violation of conditions occurs, rendering withdrawal attempts unlawful.
Notice under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 is issued to him to surrender such possession to the State Government, or the authorized officer or the competent autho....
Possession of land under the Urban Land (Ceiling and Regulation) Act must be established lawfully; mere vesting does not equate to possession, especially post-repeal.
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