Mandatory statutory notice requirements must be adhered to before claiming possession or refusing registration of documents under the Urban Land Ceiling Act.

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 Assignment appearing for the respondents.

4. The learned Counsel for the petitioners would submit that originally one Mr. Mohammed Vaziruddin purchased the residential plot No.133, vide Municipal No.3-13-142/2/133/A (PTIN No.101052437), admeasuring to an extent of 267.82 Sq.Yards, situated in Sy.No.95, situated at Chanikyapuri Colony, Mallapur Village, Kapra Circle, Uppal Mandal, Medchal-Malkajgiri District, (hereinafter referred to as ‘subject property’) vide registered document No.5384/1990 dated 15.06.1990 from one Mr.Md.Rahaman Ali and thereafter the name of Mohammed Vaziruddin was also mutated in the Municipal records. The said Mohammed Vaziruddin died on 27.10.2016 and his wife Haleem Unnisa also died on 06.05.2021. Consequent on death of Vaziruddin and Haleem Unnisa, their legal heirs got the property divided into two shares and intended to sell the subject property through a registered sale deeds in favour of the petitioners and accordingly sale deeds were presented on 01.02.2025 before the respondent No.4 for registration duly paying required registration fee and the said documents were received as document Nos.P6/2025 and P7/2025 respectively and the respondent No.4 sent intimation of impugned refusal letters dated 04.02.2025 to the petitioners on the ground that the subject property is under Urban Land Ceiling (for brevity ‘ULC’). In the said refusal orders, it was stated that Mr.Rahaman Ali was declared as excess property under the Land Ceiling Act vide File No.F2/213/1982, from whom the vendors of the petitioners purchased the subject property.

5. The learned Counsel for the petitioners would further submit that upon receipt of refusal orders, the petitioners approached the respondent No.4, who informed that until and unless ULC clearance certificate is produced from the Revenue Department they are not going to register the documents. The petitioners have also informed to the respondent No.4 that the subject property was also regularized under Land Regularization Scheme vide G.O.Ms.No.902, M.A, dated 31.12.2007 in terms of Rule-6 of A.P.Regularization of unapproved, illegal layout Rules, 2008 framed therein. Further the neighbouring owners of the subject property already got the Sale Deeds registered from the respondent No.4 and even GHMC has also granted permission for constructions of building in the area, as such the question of ULC clearance does not arise. The oth