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B. VIJAYSEN REDDY
Peasari Mallaiah, Malla Reddy – Appellant
Versus
Government of Andhra Pradesh – Respondent
ORDER :
This writ petition is filed questioning the high handed dispossession of the petitioner from the retainable land and order under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the ULC Act’) dated 29.09.1988 in file C.C.No.G1/128/1987 and consequential proceedings to the extent of showing the surplus land as 25062.95 sq. meters, ignoring Section 10(1) notification whereunder surplus land was shown as 11572.95 sq. meters by the respondent No.2.
2.1 It is claimed that originally land in Sy.Nos.55, 56, 98, 99, 100, 106, 114, 650, 651 situated at Vampuguda, Keesara Mandal, R.R. District belonged to one Balaiah and Sivaiah, who are the ancestors of the petitioner. The sons of Balaiah were treated as 'A' branch and the sons of Sivaiah were treated as B branch by the ceiling authorities. The said Balaiah had three sons, namely, (1) Pedda Ramaiah (2) China Ramaiah and (3) Reddaiah. The petitioner is the son of Reddaiah. After dividing the land as per their respective shares, all the family members have filed their respective declarations before the r
A Court exercising writ jurisdiction can only enforce the rights, which have accrued in accordance with law and not otherwise.
Mandatory notice under ULC Act is essential; lack of due process invalidates claims of possession by the state over land.
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.
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....
plain language of sub-section (5) of Section 10 means and envisages a notice in writing in the form of an order to surrender or make over the possession to the State. Sub-Section (5) notice is not in....
The main legal point established in the judgment is the interpretation of Section 10(5) and 10(6) of the Urban Land Ceiling Act, and the validity of exemption applications under Section 21.
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