IMPORTANT POINT
IMPORTANT POINT
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.

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(part) of Shaikpet Village, Hyderabad one in his name and another in the name of petitioner No.1 under registered sale deeds dated 10.10.1966 vide bearing document Nos.2465 of 1966 and 2466 of 1966 from one Safdarali Mirza. Apart the aforesaid house sites late Mohiuddin Ahmed and petitioner No.1 possessed 705.78 Sq.mts., of vacant land in Survey No.318 of Asmanghad, Gaddiannaram Hyderabad and a house with 95 Sq.mts., vacant land at Narayanaguda, Hyderabad.

4.2 Petitioner No.1 and late Mohiuddin Ahmed filed declaration under Section 6(1) of the ULC Act on 13.08.1976 showing the aforesaid vacant lands to determine excess of ceiling limit. On 08.03.1985 respondent No.2 issued draft declaration under Section 8(1) of the ULC Act to the effect that the declarants hold an extent of 1612.22 Sq.mts., and is entitled to 1000 Sq.mts under Section 4(1)(4) of the ULC Act and the surplus land is 612.22 Sq.mts. After considering the objections, on 05.07.1985 respondent No.2 declared the vacant land admeasuring to an extent of 612.22 Sq.mts., from out of 836.12 Sq.mts situated in Survey No.403/67 as excess to the permissible holding. On the choice of the declarants, the surplus land in Survey No.403/67(P) of Shaikpet Village, Banjara Hills, determined was agreed to surrender, while retaining 224 Sq.mts. Thereafter, Section 9 final statement was issued.

4.3 On 08.08.1986, Section 10(1) notice has been issued, asking persons interested to appear on or before 08.09.1986 to file objections, if any and on 15.09.1994 Section 10(3) notification was published in the official gazette No.38A dated 22.09.1994, by which the subject land deemed to have vested in the State Government. In pursuance of the publication under Section 10(3) of the ULC Act, notice under Section 10(5) was issued to surrender the excess land of 612.22 Sq.mts., within 30 days on 26.11.1994.

4.4 As 30 days time granted to surrender was expired by 01.01.1995, Section 10(6) notice was issued on 01.03.1995, authorizing one P.S.Ramachander, E.O. to takeover the possession of the surplus land and to hand over the same to Mandal Revenue Officer and the petitioners continued their possession as no one objected.

4.5 In the meanwhile, ULC Act was repealed by Urban Land(Ceiling and Regulation) Repeal Act, 1999. The erstwhile State of Andhra Pradesh adopted the Repeal Act with effect from 27.03.2008 and has issued G.O.Ms.Nos.455 and 456, dated 29.07.2002 proposing to allot the lands declared as surplus under the ULC Act to such of those in occupation of the land duly granting exemption under Section 20(1) of the ULC Act. The State Government issued further orders in G.O.Ms.No.747 dated 18.06.2008 for allotment of excess lands vested with the Government and possession of which was already taken. The petitioners have made