IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B KRISHNA MOHAN
S. Padmangabutchamani W/O. S.Venkateswararao – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its Principal Secretary(Revenue) – Respondent
ORDER :
B Krishna Mohan, J.
Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.
2. This writ petition was filed questioning the intimation letter dated 10.12.2018 of the 4th respondent refusing to register the Document P.No.295 of 2018 as Registration No.28 of 2018 and Document P.No.296 of 2018 as Registration No.29 of 2018 presented for registration by the petitioner in respect of her property to an extent of 360 Sq. yards situated in Plot No.2 and 350 Sq. yards situated in Plot No.7 covered by Sy. Nos.101/1, 101/2, 101/3, 101/4 & 101/5 of Yendada Village of Yendada Gram Panchayat, Vishakhapatnam Rural and Mandal, Visakhapatnam District on the ground that it is notified under section 22A(1)(d) of the Registration Act, 1908 including the ULC proceedings of the Respondent No.5 in C.C. Nos.4324/76 and 4323/76 which resulted in the issuance of the impugned intimation by the Respondent No.4.
3. The learned counsel for the petitioner submits that the 4th respondent issued the impugned intimations dated 10.12.2018 when two gift deeds were presented by the petitioner for registrations on 13.03.2018 by keeping them pending as P
Orders issued under the Urban Land (Ceiling & Regulation) Act against deceased individuals are void, and the repeal of the Act removes restrictions on the land in question.
Mandatory statutory notice requirements must be adhered to before claiming possession or refusing registration of documents under the Urban Land Ceiling Act.
Mandatory notice under ULC Act is essential; lack of due process invalidates claims of possession by the state over land.
The requirement of serving notice under the Tamil Nadu Urban Land (Ceiling and Regulation) Act is mandatory, and failure to comply invalidates the acquisition proceedings.
The court held that disputed questions of title and possession cannot be resolved in a writ petition, and the petitioners were entitled to remain in possession of the land despite ULC proceedings.
An unregistered agreement to sell does not confer ownership rights or legal standing to contest proceedings under the Urban Land (Ceiling and Regulation) Act, making any claims based on such agreemen....
Proceedings issued under the Urban Land Ceiling Act against a deceased declarant are null and void; possession must be established prior to claiming surplus land.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.