Mandatory notice under ULC Act is essential; lack of due process invalidates claims of possession by the state over land.

ORDER :

B.VIJAYSEN REDDY, J.

Since all these writ petitions relate to a common property and connected with Urban Land Ceiling Proceedings in Appeal No.Hyd/21/1987, they petitions are being disposed of by this common order.

2. WP.No.30511 of 2018 is a comprehensive writ petition filed challenging the urban land ceiling proceedings issued under Sections 8 (4) and 8(6) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘ULC Act’) in Appeal No.Hyd/21/1987 dated 19.02.2003.

3. WP.No.150 of 2013 is filed challenging the Endorsement No.E1/1114/2012 dated 22.03.2012 issued by the Joint Collector, Hyderabad, on behalf of NOC Committee, in rejecting the request of the petitioners for issuance of NOC for approval of building plan for construction in land bearing Municipal Nos.1-4-27/72/7, 1-4- 27/72/8 and 1-4-27/72/145, Padmashali Colony, Kavadiguda, Secunderabad.

4. WP.No.9240 of 2015 is filed to declare the action of the respondent No.3 – Tahsildar, Musheerabad Mandal and respondent No.4 – Tahsildar, Secunderabad Mandal, in treating the subject land as Government land and trying to distribute the land to landless poor as being violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India.

5. WP.Nos.20394 and 36489 of 2016 are filed challenging the notices dated Nil.06.2016 and 19.10.2016 respectively whereby the petitioners were informed that the subject land in their possession has been determined as surplus and the same has been taken over by the Government under Section 10 (6) of the ULC Act and requested the petitioners to file an application under G.O.Ms.No.92 Revenue (ULC) Department dated 26.05.2016 for regularization of surplus land in their possession.

6. WP.No.23169 of 2018 is filed challenging the action of the respondent No.3 – Tahsildar, Secunderabad Mandal, in seeking to prevent the petitioners from proceeding with construction in respect of the subject property.

7. WP.No.18562 of 2018 is filed to declare the action of the respondent No.3 – Station House Officer, Musheerabad Police Station, in not extending police protection to the petitioners for construction of building in the subject property.

8. For the sake of convenience, the facts in WP.No.30511 of 2018, are set out hereunder:

(a) The wife of the petitioner No.1 purchased the subject property, i.e. Plot No.8, admeasuring 166.66 sq. yards in the name of her minor daughter, N. Vasundara, under a registered sale deed dated 17.08.1996 bearing Document No.1550/1996. After obtaining permission from the respondent No.2, the wife of the petitioner No.1 constructed a building comprising of G+1 in which they are running a 10 bedded Nursing Home under the name and style "Vasundara Nursing Home". Later, the petitioner No.1, his wife and daughter purchased Plot No.7 in the name of Sri. P. Narayan Rao under a registered sale deed dated Nil.03.2003 bearing Document No.70/2003. Similarly, Sri. Narayan Rao and petitioner No.1 purchased an extent of 240 sq. yards covered by Plot No.145, partly in the name of Sri. Narayan Rao and partly in their name. All these three plots are in compact block wherein the Nursing Home is constructed and being run by the petitioners.

(b) It is stated that the land admeasuring Ac.6.09 guntas in Sy.Nos.40, 41 and 42, of Padmashali Colony, Kavadiguda, Hyderbad, was originally classified as Inam land. Basing on the application made by the Padmashali Co-operative Housing Society Limited (for short ‘the Society’) under Section 8 read with Section 10 of the A.P. (Telangana Area) Abolition of Ina