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2024 Supreme(Telangana) 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ALOK ARADHE, N.V. SHRAVAN KUMAR, JJ.
The Chief Commissioner of Land Administration – Appellant
Versus
Manu Bhai Shankar Bhai Patel and others - Respondents
Writ Appeal Nos.508, 657 & 734 of 2011 and 979 of 2013, Writ Petition No.12572 of 2003 & C.C. No.1084 of 2021
Decided on : 24-01-2024

Advocates:
Advocate Appeared:
For the Appellants : Mr. Harender Pershad
For the Respondents: Mr.Ravindra Shrivastava

Possession of land must be actual and not symbolic; unauthorized dispossession during litigation renders such actions void under the Urban Land Ceiling Act.

Headnote:(A) Urban Land (Ceiling and Regulation) Act, 1976 - Sections 3, 10 and 33 - Urban Land (Ceiling and Regulation) Repeal Act, 1999 - The taking of possession of land by the State without due process or while a status quo order is in place is deemed illegal. (Paras 50-90).

(B) Judicial principles - The court reaffirmed that only actual physical possession, as opposed to symbolic possession, is required to satisfy statutory mandates, thus any unauthorized dispossession is legally inconsequential. (Paras 50-90).

Facts of the case:
The respondents were contesting against the action of the State in taking possession of certain lands without proper authority, after prolonged litigation over the status of these lands, which had been declared surplus under the ULC Act. Various appeals and petitions were filed, contesting government decisions that impacted the respondents’ claim to these lands, highlighting a history of agreements, statutory declarations, and claim disputes (Paras 1-34).

Findings of Court:
The court held that intervening actions by the government during ongoing litigation were nullified by the principles laid out in the statute, affirming the respondents’ claims to the lands in question. The established processes under the ULC Act were not followed, rendering the dispossession attempts void (Paras 50-90).

Issues: The main issues included whether the government had legally taken possession of the lands in question and the implications of the repealed ULC Act on ongoing dispossession cases (Paras 50-90).

Ratio Decidendi: The invaluable legal principle established is that proper notice and adherence to statutory procedures are mandatory before dispossession, and any failure in this regard voids the action. The court emphasized the necessity of actual possession and the strict construction of expropriatory statutes (Paras 50-90).

Result: The Writ Petition was allowed; the appeals against the decisions denying possession were upheld, and ancillary matters were closed with costs not awarded (Paras 50-90).

Table of Content
1. recourses under the ulc act must meet actual possession requirements. (Para 1)
2. factual background of land ownership and agreements (Para 2 , 5 , 6 , 7 , 22)
3. final conclusions on appeals and writ petitions (Para 4 , 80 , 89)
4. court’s analysis of compliance with legal provisions (Para 8 , 9 , 50 , 56)
5. arguments on the legality of possession and contempt claims (Para 10 , 12 , 35 , 46)
6. government directives on land management must follow established legal standards. (Para 34 , 86)
7. symbolic possession lacks legal significance post repeal without proper authority. (Para 49 , 74)
8. status quo orders mandate compliance to uphold judicial integrity of prior judgments. (Para 70 , 75)
9. ratio decidendi focusing on government powers post repeal (Para 88 , 90)

JUDGMENT :

N.V. SHRAVAN KUMAR, J.

Mr. E.Madan Mohan Rao, learned Senior Counsel appears on behalf of K.Rama Krishna, learned counsel for the petitioners in W.P. No.12572 of 2003.

Mr. A. Sudharshan Reddy, learned Senior Counsel appears for Mr. G.Madhusudhan Reddy, learned counsel for the appellant in W.A. No.657 of 2011, respondent No.21 in W.A. No.979 of 2013 and petitioners in C.C. No.1084 of 2021.

Mr. K.Ram Reddy, learned counsel for the appellant in W.A. No.734 of 2011.

Mr. V.Ramakrishna Reddy, learned counsel for the appellant in W.A. No.979 of 2013.

Mr. Harender Pershad, learned Special Government Pleader attached to the office of the learned Advocate General, representing the State, appellants, in W.A. No.508 of 2011.

Mr. Ravindra Shrivastava, learned Senior Counsel, representing Mr. T.Sudhakar Reddy and Mr. N.Mukund Reddy, learned counsel for the respondent Nos.1 and 2 in W.A. Nos.508, 657 and 734 of 2011.

Mr. H.Venugopal, learned Senior Counsel appears for Mr. N. Mukund Reddy and T.Sudhakar Reddy, learned counsel for respondent Nos.1 and 2 in W.A. No.979 of 2013.

2. W.A. No.508 of 2011 has been filed against the order dated 29.04.2011 passed in W.P. No.7762 of 2007. The appellants No.1, 2 and 3 (The Chief Commissioner of Land Administration, the Special Officer and Competent Authority under the Urban Land Ceilings Act, 1976 and the State of Telangana) herein are the respondents No.1, 2 and 3 in the said writ petition and the respondents No.1 and 2 (Manu Bhai Shankar Bhai Patel and Nattu Bhai Shankar Bhai Patel) herein are the writ petitioners in the said writ petition.

3. The facts of this case would be taken as lead matter and for the sake of convenience, the parties hereinafter will be referred to as they were arrayed in the W.P. No.7762 of 2007.

4. W.A. No.657 of 2011 has been filed against the order dated 29.04.2011 passed in W.P. No.7762 of 2007. The appellant (Sri Thirumala Venkateswara Co-operative Housing Society Limited) herein was impleaded as respondent No.20 in the said writ petition and the respondents No.1 and 2 (Manu Bhai Shankar Bhai Patel and Nattu Bhai Shankar Bhai Patel) herein are the writ petitioners in the said writ petition.

5. Brief facts of this case are that the respondent No.1 and four (4) others have entered into an agreement of sale with appellant/society on 21.03.1982 in respect of land admeasuring Ac.13-10gts., in Sy.No.222/4, Gudimalkapur village, Golkonda Mandal, Hyderabad and the Society paid the sale consideration. Thereafter, the Society has made application to Government for change of land use from recreation to residential use and Government after due procedure changed the land use vide G.O.Ms.No.263 dated 22.03.1983 and the Society also paid required charges for the same and it had become final. Thereafter, HUDA has granted tentative layout and by virtue of the same, society developed land. When the owners did not come forward for execution of sale deed, the Society has compelled to file a suit for specific performance in O.S.No.1209/1993 which was decreed in favour of the society. Thereafter, the owners have filed appeal in CCCA No.40 of 2006 and the same was allowed and questioning the same, society filed Special Leav

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