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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ABHINAND KUMAR SHAVILI, VAKITI RAMAKRISHNA REDDY
Special Officer and Competent Authority Urban Land Ceiling Nampally – Appellant
Versus
K. Jawahar Reddy – Respondent
JUDGMENT :
VAKITI RAMAKRISHNA REDDY, J.
1. These three intra court appeals arise out of a common order dated 22.09.2017 passed by the learned Single Judge in W.P. Nos. 16605, 16927 and 17076 of 2008. 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 of non-service of mandatory statutory notices and absence of lawful possession having been taken prior to the Urban Land (Ceiling and Regulation) Repeal Act 1999 (“Repeal Act”).
I. BRIEF FACTS
3. The facts, to the extent relevant, may be briefly recapitulated. The subject lands situated in Survey Nos. 284, 285 and 361/2 of Thumkunta Village, Shamirpet Mandal, Ranga Reddy District, are undisputedly agricultural lands. The respondents/writ petitioners claim ownership and possession through various registered sale deeds executed between 1989 and 2005 and their names were duly mutated in the revenue records.
4. The details of the writ petitio
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 notice under Section 10(5) of the ULC Act to possessors renders dispossession unlawful and results in the abatement of proceedings under Section 4 of the Repealing Act.
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 failure to serve mandatory notices to legal representatives in surplus land proceedings renders such proceedings void, violating principles of natural justice.
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