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A. ABHISHEK REDDY
A. P. Electrical Equipment Corporation Hyderabad rep. by its General Manager – Appellant
Versus
Thasildar, Balanagar Mandal, Balanagar, Ranga Reddy District – Respondent
| Table of Content |
|---|
| 1. facts about the parties and writ petitions (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties' contentions regarding possession and actions taken (Para 8 , 9 , 10) |
| 3. court's analysis of the legal documents (Para 13 , 14 , 15) |
| 4. legal standards regarding possession and the ulc act (Para 19 , 21 , 24) |
| 5. conclusion to set aside the panchanama (Para 41) |
ORDER :
Since the issue involved in both the writ petitions is intrinsically connected, the writ petitions are taken up together and disposed of by this common order.
2. The Writ Petitioner in W.P. No.11293 of 2009 A.P. Electrical Equipment Corporation is a proprietary concern of ECE Industries, petitioner in W.P. No.23477 of 2020.
3. W.P. No.11293 of 2009 is filed questioning the action of the respondents in interfering with the possession and enjoyment of the petitioner - M/s. A.P. Electrical Equipment Corporation in respect of the land admeasuring 30181.10 sq. yards in survey No.76, Fathenagar Village, Balanagar Mandal, Rangareddy District, as illegal and arbitrary.
4. W.P. No.23477 of 2010 is filed aggrieved by the panchanama proceedings dated 08.02.2008 allegedly taking over possession of the land admeasuring 46,538 sq. mtrs. in
The court ruled that actual physical possession must be established for the State to validly claim ownership under the Urban Land (Ceiling and Regulation) Act, 1976, and procedural requirements for n....
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.
The court held that statutory compliance under the Urban Land (Ceiling and Regulation) Act is mandatory for valid dispossession, emphasizing that mere vesting does not equate to possession.
Failure to issue notice under Section 10(5) of the ULC Act to possessors renders dispossession unlawful and results in the abatement of proceedings under Section 4 of the Repealing Act.
The main legal point established in the judgment is that the State must establish the voluntary surrender of vacant land or forceable dispossession under the ULC Act. Failure to do so entitles the la....
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