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ALOK ARADHE, J. SREENIVAS RAO
Government of Andhra Pradesh, rep. by principal Secretary, Revenue, Hyderabad – Appellant
Versus
Afsar Sulthana, (Died per Lrs. ), (W/o. Late Mohiuddin Ahmed) – Respondent
JUDGMENT :
(J. Sreenivas Rao, J.)
This intra Court appeal is filed by the appellants aggrieved by the order dated 04.12.2012 passed by the learned Single Judge by which W.P.No.28671 of 2010 filed by respondent Nos.1, 2, 4 to 6 has been allowed holding that the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (‘ULC Act’ for brevity) has been abated and the impugned order is redundant and legally ineffective against respondent Nos.1, 2, 4 to 6 and further they are entitled to remain in possession and enjoyment of the subject land.
2. Heard Sri A.Sudarshan Reddy, learned Advocate General appearing for the appellants and Sri P.Gangaiah Naidu, learned Senior Counsel representing Sri N.Bharat Babu, learned counsel for respondent Nos.2, 4 to 6. No representation on behalf of respondent No.3.
3. For the sake of convenience the parties herein will be referred to as they are arrayed in the impugned order dated 04.12.2012.
4. Brief facts of the case:
4.1 Petitioner No.1 is the mother of petitioner No.2. Late Mohiuddin Ahmed who was the husband of petitioner No.1 and father of petitioner No.2, purchased lands to an extent of 418.06 Sq.mts., each situated in Survey No.403/67(pa
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.
Possession of land must be actual and not symbolic; unauthorized dispossession during litigation renders such actions void under the Urban Land Ceiling Act.
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.
Mandatory notice under ULC Act is essential; lack of due process invalidates claims of possession by the state over land.
Point of law: Notifications issued from section 10(1) onwards till section 11 have not been quashed or set aside by neither the Hon’ble Tribunal, nor this Hon’ble High Court at any stage of litigatio....
The court emphasized that failure to follow mandatory procedures in declaring land surplus under the Urban Land (Ceiling and Regulation) Act invalidates such proceedings, reinforcing the necessity of....
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