THE HON’BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.30564 of 2021

ORDER:

This writ petition is filed seeking a direction from this Court to declare the action of the respondents in rejecting the Land Regularization Application No.3000052966 vide proceedings dated 18.12.2019 claiming that the said land falls under ULC proceedings and consequently erecting the sign boards on the subject property plot bearing No.35, an extent of 300 square yards of site equal to 250.80 square meters in Sy.No.60 of Guttalabegumpeta Village, Serilingampalli Mandal, Ranga Reddy District as illegal, arbitrary, unjust and contrary to law and also violation G.O.Ms.No.733 dated 31.10.1988 and violative of Articles 14, 21 and 300A of Constitution of India.

2. It is the claim of the petitioner that she purchased plot bearing No.35 admeasuring 300 sq. yards in Sy.No.60 of Guttalabegumpeta Village, Serlingampally Mandal, Ranga Reddy District (schedule property) under registered sale deed dated 16.07.1990 from the previous owner, Indukuri Suryakanthamma. Later, the petitioner alienated the under registered sale deed bearing document No.2140 of 2016 dated 19.02.2016 in favour of one B. Krishnaveni. The sale deed dated 19.02.2016 contains a recital that the vendor applied for LRS permission vide Application No.3000052966 dated 31.01.2016 and received acknowledgment from GHMC. It is submitted that the ULC Department erected board on the compound wall of the schedule property stating that the land belongs to ULC department. On enquiry, the petitioner came to know that her LRS application was rejected through online proceedings dated 18.12.2019 stating that the site falls under ULC surplus land as per the list of ULC surplus land under Section 10(6) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’) furnished by the Special Officer and Competent Authority.

3. It is submitted that the schedule property is included in the peripheral area of Hyderabad Urban Agglomeration and exempted under ULC the Act in terms of G.O.Ms.No.733 dated 31.10.1988. The layout of the petitioner was approved the authorities after G.O.Ms.No.733 dated 31.10.1988 came into force. There are several plots in Guttalabegumpet, which have been regularized and none of the plots is shown as ULC surplus land. After lapse of 30 years, the respondent authorities are now claiming that the property is covered by ULC proceedings without any manner of right. The petitioner is in possession of the schedule property. As sign board is erected by the respondent authorities, the petitioner is constrained to file this writ petition.

4. The case of the respondent No.2, as per the counter affidavit, is that one Sri Earani Ramaiah, was pattadar of land bearing Sy.No.60 admeasuring Ac.12.28 guntas, Guttalabegumpet Village, Serilingampally Mandal, Rangareddy District. The said Earani Ramaiah died represented by his legal heir, E. Nagesh, who filed declaration under Section 6(1) of the Act, declaring the lands held by his father in C.C.No.F1/4277/6(1)/2003. Accordingly, enquiry was conducted and provisional order was passed under Section 8(1) and notice under Sections 8(3) of the Act was issued on 29.01.2004 determining the land owner as excess land holder to an extent of 51,395.12 sq. meters in Sy.No.60 of Guttalabegumpet Village, after allowing retainable extent of 1,000.00 sq. meters to him under Section 4(1)(b) of the Act. Objections were not filed within the stipulated period and final orders under Section 8(4) of the Act were issued on 01.03.2004 confirming Section 8(1) order. Thereafter, notification under Section 10(1) of the Act was issued and published in A.P. Gazette No.165 dated 28.07.2004. The notification under Section 10(3) of the Act was issued and published in A.P. Gazette No.175 dated 12.08.2004. Notice under Section 10(5) was issued on 07.01.2006 and served on the declarant on 16.01.2006. Thereafter, order under Section 10(6) of the Act was issued on 17.03.2007 and posse