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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
State of Telangana Rep. by its Secretary, Department of Revenue (UC – II) – Appellant
Versus
Narsing Prasad Shroff – Respondent
JUDGMENT :
Vakiti Ramakrishna Reddy, J.
These three intra court appeals arise out of a common order dated 29.12.2017 passed by the learned Single Judge in W.P. Nos. 19512 and 21914 of 2008 and 15224 of 2011. Since the issues involved in all these appeals are substantially common, they were heard together and are being disposed of by this common judgment.
2. The appellants (State) assail the order of the learned Single Judge whereby the impugned proceedings initiated under the Urban Land (Ceiling and Regulation) Act, 1976 (“the Act”) were set aside on the ground that mandatory statutory notices, particularly under Sections 8(3) and 10(5) of the Act, were not served on the declarant or the person in possession.
I. BRIEF FACTUAL BACKGROUND
3. The material facts, shorn of unnecessary detail, are that the lands in dispute are situated in Survey Nos. 157 and 158 of Narsingi Village, Rajendra Nagar Mandal, Ranga Reddy District (for short “the Subject Lands”). The subject lands are recorded as agricultural lands, a fact which is not seriously disputed. The respondents / writ petitioners claim ownership and possession on the strength of a registered Sale Deed and an Agreement of Sale dated 24.03
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 court held that statutory compliance under the Urban Land (Ceiling and Regulation) Act is mandatory for valid dispossession, emphasizing that mere vesting does not equate to possession.
Failure to issue mandatory notices under the Urban Land Act invalidates state claims of land possession, allowing petitioners to retain ownership rights based on ongoing lawful occupancy.
The court ruled that actual physical possession must be established for the State to validly claim ownership under the Urban Land (Ceiling and Regulation) Act, 1976, and procedural requirements for n....
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