HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

WRIT PETITION No.16846 of 2022

ORDER:

This Writ Petition, under Article 226 of the Constitution of

India, is filed seeking the following relief:

“….to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of the respondents in not considering our case for granting the ULC (Urban Land Ceiling) exemption proceedings even after receiving the requisite fee for granting the exemption from ULC proceedings in respect of the lands in Survey No.15 admeasuring Ac.5.00 Gts, Survey No.71 admeasuring Ac.3.24 Gts and in survey No.84 admeasuring 0.20 Gts, situated at Bandlaguda Jagir village, Gandipet Mandal, Ranga Reddy District, TS is illegal, arbitrary, violation of the Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents to grant the exemption from ULC proceedings as per the application dated 15/02/2006 in respect of the lands in survey No.15 admeasuring Ac.5.00 Gts, Survey No.71 admeasuring Ac.3.24 Gts and in survey No.84 admeasuring 0.20 Gts, situated at Bandlaguda Jagir village, Gandipet

Mandal, Ranga Reddy District, TS.…”

2. Considered the submissions of Sri Harender Pershad, learned Senior Counsel appearing for the petitioner; Sri D.V. Chalapathi Rao, learned Government Pleader for Assignment appearing for the respondent Nos.1 to 5; and Sri J. Kanakaiah, learned Senior Counsel appearing for the unofficial respondents, and perused the

record.

3. It is stated that the petitioner and his brothers are the absolute joint owners and possessors of agricultural lands admeasuring Ac.5.00 guntas in Sy.No.15, Ac.3.24 guntas in

Sy.No.71 and Ac.0.20 guntas in Sy.No.84 situated at Bandlaguda Jagir Village, Gandipet Mandal, Ranga Reddy District and the revenue authorities have mutated their names in the revenue records and also issued pattadar pass books in their favour. It is further stated that the petitioner filed an application dated 15.02.2006 before the Special Officer seeking exemption from the ULC proceedings over the subject property and also deposited an amount of Rs.44,19,288/- in the year 2006 itself. The grievance of the petitioner is that despite receipt of the requisite fee and even though under similar circumstances, other persons got exemption from the ULC proceedings in respect of the land forming part of same survey numbers, no steps were taken by the respondent authorities for granting exemption from the ULC proceedings in favour of the petitioner and moreover, when the lands which are vested in the State as Ceiling Surplus lands were found to be in possession of the third parties, various G.Os were issued for regularization of lands in occupation of third parties.

4. Learned Senior Counsel appearing for the unofficial respondents submitted that there are disputes in respect of the lands forming part of Sy.No.84 admeasuring Ac.0.20 guntas, which are the subject matter of several cases pending for adjudication before this Court vide C.R.P.No.782 of 2019; and unless the said cases are decided, the petitioner is not entitled to seek exemption from ULC proceedings in respect of the said extent of land.

5. Per contra, learned Government Pleader for Assignment appearing for respondent Nos.1 to 5 submitted that the lands in respect of which the petitioner is claiming exemption are vested in the State as per the provisions of the Urban Land Ceiling Act; the lands claimed by the petitioner are not in one compact block and they have been converted into plots; and as such the petitioner is not entitled to seek exemption from the ULC proceedings in respect of the subject lands.

6. In view of the above submissions, this Court is of the opinion that ends of justice would be met if the respondents are directed to examine the application of the petitioner in terms of G.O.Ms.No.456 dated 29.07.2002, duly taking into consideration the claims of the petitioner as well as all other interested/affected parties