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RAVI CHEEMALAPATI
S. M. A. Khader – Appellant
Versus
Government of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's claim concerning land exemptions. (Para 1 , 2) |
| 2. arguments on the validity of government actions. (Para 3 , 4 , 7 , 8) |
| 3. court's procedural considerations. (Para 5 , 6 , 9 , 10) |
| 4. the conditions of exemption under ulc act. (Para 11 , 12 , 14 , 19 , 22) |
| 5. final ruling on the application. (Para 15 , 16 , 21 , 24 , 25) |
| 6. final ruling on the validity of disciplinary actions against exemptions. (Para 23) |
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 Rajakuma
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.
Revised Section 8(4) order under ULC Act supersedes prior Section 20 exemption, rendering it non est despite Repeal Act savings for valid exemptions only.
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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