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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.VIJAYSEN REDDY
P. Narayana Rao – Appellant
Versus
Government of Andhra Pradesh, Through the Joint Collector, Hyderabad – Respondent
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 Con
Mandatory notice under ULC Act is essential; lack of due process invalidates claims of possession by the state over land.
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.
Possession of land must be actual and not symbolic; unauthorized dispossession during litigation renders such actions void under the Urban Land Ceiling Act.
Mandatory statutory notice requirements must be adhered to before claiming possession or refusing registration of documents under the Urban Land Ceiling 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.
A Court exercising writ jurisdiction can only enforce the rights, which have accrued in accordance with law and not otherwise.
The court held that disputed questions of title and possession cannot be resolved in a writ petition, and the petitioners were entitled to remain in possession of the land despite ULC proceedings.
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