HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION Nos.15746 and 15807 of 2008

COMMON ORDER:

Since the issue involved in both these writ petitions is intrinsically interconnected, they are taken up and heard together and are being disposed of by this common order.

2. Writ Petition No.15746 of 2008, under Article 226 of the Constitution of India, is filed by the petitioners, seeking the following relief:

“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Procgs. No.E1/9131/76 and E1/9132/76 dated 06-03-2006 under Section 10(6) of the Act in Sy.No.129/55 of Shaikpet Village, Road No.3, Banjara Hills, Hyderabad, issued in the name of Sri Sardar Balwanth Singh & others as illegal, null and void.…”

3. Writ Petition No.15807 of 2008, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:

“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Procgs.No.E1/9131/76 and E1/9132/76 dated 06-03-2006 under Section 10(6) of the Act in Sy.No.129/55 of Shaikpet Village, Road No.3, Banjara Hills, Hyderabad, issued in the name of Sri Sardar Balwanth Singh & others as illegal, null and void.…”

4. Writ Petition No.15746 of 2008 is taken up as a leading case to decide the lis in these two cases.

5. The brief facts of the case are as follows:

6. It is stated that petitioner Nos.1 and 2 have purchased open lands admeasuring 434 sq.yards and 800 sq.yards, respectively in Sy.No.129/55 (old Sy.No.165) part of T.S.Nos.2, 3 & 4, Ward No.11, Block ‘D’, situated at Shaikpet Village, Hyderabad, under registered sale deeds bearing document Nos.4788 and 4798 of 2005 dated 27.07.2005 from their vendors i.e, Sayed Ale Hassan and 12 others (legal heirs of Syed Abdul Khader Saheb). It is further stated that originally, the petitioners vendors father-Syed Shah Abdul Khader, was the pattadar of land admeasuring Ac.3.26 gts in Sy.No.129/55 (old Sy.No.165) situated at Shaikpet and the said land was assigned new Survey numbers under the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 vide T.S.Nos.2 to 57 Block D, Ward No.11, Shaikpet, and the land admeasuring 2246 sq.mtrs which falls in TS.No.4, Block D, Ward No.11, was recorded as vacant land in possession of Syed Abdul Khader Saheb. It is the case of the petitioners that the original owner made an application for construction and the District Collector vide Letter No.F4/9865/82 has granted NOC dated 19.01.1983 for the lands in Sy.No.129/55 as patta land. It is stated that after commencement of Urban Land (Ceiling and Regulation) Act, 1976 (for short “ULC Act”), one Balwanth Singh and Sardar Devender Singh have filed statements in Form-I under Section 6(1) of the Act, declaring certain properties held by them in Hyderabad Urban Agglomeration viz., Premises bearing No.5-1-318, admeasuring 106.59 sq.mtrs, situated at Gowliguda, Premises bearing No.14-11-805/1 to 805/7 admeasuring 123.18 sq.mtrs situated at Shah Inayath Gunj, land admeasuring 12,809.05 sq.mtrs in Sy.No.129/55 (old Sy.No.165) of Shaikpet Village, Banjara Hills, Premises bearing No.8-2-1/B admeasuring 555.11 sq.mtrs, situated at Punjagutta. It is further case of the petitioners that as per the enquiry report, out of the total land admeasuring 3500 sq.yards held by Balwanth Singh in Sy.No.129/55, an extent of 2125.00 sq.yards was sold to Sardar Prahlad Singh on 24.12.1965, leaving the balance land to an extent of 1375 sq.yards. It is stated that declarant Balwanth Singh purchased another land admeasuring 14020 sq.yards in Sy.No.129/55 on 27.07.1966. The entire area held by the declarant is 14020 sq.yards + 1375 sq.yards i.e, 15395 sq.yards (12871 sq.mtrs). Acting on the said enquiry report, the respondent No.2 has issued proceedings No.E1/9131 and 9132/2004 dated 30.10.2004 stating that after verification of the draft statement under Section 8(1) and notice unde