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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SARATH
Laxmi Rallabandi – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Since the lis and subject property involved in both the writ petitions is one and the same, these writ have been taken up for hearing together and are being disposed of by way of common order.
2. These Writ Petitions are filed seeking a direction in the nature of Writ of Certiorari to quash and set aside the Intimation of refusal No.53/P6/2025/Refusal Order No.1/2025 and No.54/P7/2025/Refusal Order No.2/2025, dated 04.02.2025 respectively under the guise of Urban Land Ceiling clearance as illegal, arbitrary, unjust and contrary to law and sought a direction to the respondent No.4 to receive, register and release the documents in respect of Northern and Southern Portions of residential Plot No.133, vide Municipal No.3-13-142/2/133/A (PTIN No.101512437) in Sy.N.95, admeasuring to an extent of 133.5 Sq.yards each, out of total land of 267.82 Sq.Yards, situated at Chanikyapuri Colony, Mallapur Village, Kapra Circle, Uppal Mandal, Medchal-Malkajgiri District, Hyderabad.
3. Heard Sri Damodar Mundra, learned Counsel for the petitioners and Smt.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Mr.Habeebuddin, learned Assistant Government Pleader for
Mandatory statutory notice requirements must be adhered to before claiming possession or refusing registration of documents under the Urban Land Ceiling Act.
Mandatory notice under ULC Act is essential; lack of due process invalidates claims of possession by the state over land.
Orders issued under the Urban Land (Ceiling & Regulation) Act against deceased individuals are void, and the repeal of the Act removes restrictions on the land in question.
Possession of land under the Urban Land (Ceiling and Regulation) Act must be established lawfully; mere vesting does not equate to possession, especially post-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.
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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