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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.VIJAYSEN REDDY
C.Upadesh Kumari – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. The petitioner and the respondents in these two writ petitions are one and the same and the issue involved in both these writ petitions arises out of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') and in respect of the same property, hence, they are being disposed of by this common order.
2. WP.No.20563 of 2015 is filed to declare the action of the respondent No.3 - Tahsildar, Saidabad, Hyderabad, in proceeding with the construction in Plot No.2, admeasuring 620 sq. yards in Sy.No.212, Vinayak Nagar Colony, Champapet Road, Saidabad Mandal, Hyderabad (subject property) as being arbitrary and illegal and to declare action of the respondents No.1 to 4 in not considering the application of the petitioner for regularization of the plot in terms of G.O.Ms.No.727 Revenue (UC-1) Department dated 18.06.2008, though proposals have been submitted twenty three months back and even after payment of regularization amount of Rs.16,30,200/- as being arbitrary and illegal.
3. WP.No.24851 of 2015 is filed to call for records relating to the impugned proceedings No.J2/9225/76 dated 05.09.2007 and panchanama dated 08.02.2008 of the respondent No.4 in respect of the sub
The court ruled that failure to serve mandatory notices to legal representatives in surplus land proceedings renders such proceedings void, violating principles of natural justice.
Mandatory compliance with statutory notice requirements is essential for valid proceedings under land regulation laws; non-compliance renders actions void and proceedings abated upon repeal.
The requirement of serving notice under the Tamil Nadu Urban Land (Ceiling and Regulation) Act is mandatory, and failure to comply invalidates the acquisition proceedings.
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.
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.
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