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2026 Supreme(Online)(Tel) 14297

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Moushumi Bhattacharya, Gadi Praveen Kumar, JJ
State of Telangana – Appellant
Versus
D.Seshagiri Rao – Respondent
WRIT APPEAL No.176 of 2024



Advocates:
For the Appellants/Petitioners: D.V.Chalapathi Rao
For the Respondents: B.Venkat Rama Rao

Mandatory compliance with notice provisions for surrender of possession is a prerequisite for valid state acquisition of land under the statute. Mere vesting without actual physical possession, or initiating proceedings without express statutory authority or proper notice to possessors, renders the resulting orders void and unenforceable.

Headnote:(A) Urban Land (Ceiling and Regulation) Act, 1976 - Sections 6, 8, 10(1), 10(3), 10(5), 10(6) - Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Section 3 - Acquisition of surplus land - Requirement of notice - The requirement of issuing notice under sub-section (5) of Section 10 is mandatory to enable the landholder or possessor to voluntarily surrender the land prior to forceful dispossession under sub-section (6). Mere vesting of land under Section 10(3) does not confer absolute title or de facto possession upon the authorities unless actual physical possession is taken according to law. (Paras 13, 34, 40)

(B) Administrative Law - Suo motu proceedings - Jurisdiction - In the absence of an express statutory provision, the competent authority lacks inherent power to initiate suo motu proceedings under the land ceiling legislation. Any order passed in the exercise of such unauthorized power is a nullity. (Paras 22, 33)

(C) Natural Justice - Requirement of notice - Failure to serve notice on the actual possessors or declarants when proceedings are initiated results in a violation of the principles of natural justice, rendering the proceedings non-est in the eye of law. (Paras 12, 19, 34)

Facts of the case:
The appellants initiated suo motu proceedings under the land ceiling statute against entities or persons who were not the owners, ignoring the fact that the subject agricultural lands were already mutated in the name of the respondents. The authorities claimed to have taken possession via a panchanama, which was drawn without notice to or presence of the actual possessors. The respondents, being the title holders in actual possession, challenged the proceedings, contending that the lands were exempt as agricultural holdings and that the entire process was conducted behind their backs without following mandatory statutory notice requirements.

Findings of Court:
The court found that the authorities failed to establish that actual physical possession was taken as per Section 10(5) and 10(6). The panchanama was a unilateral, symbolic recording that did not satisfy the requirement of physical control. Furthermore, initiating proceedings against dead persons or without notice to current possessors vitiated the findings.

Issues: Whether the initiation of suo motu proceedings by the competent authority in the absence of an enabling provision is valid, and whether the State can claim vested title without proof of actual physical possession following mandatory notice under the statute.

Ratio Decidendi: Mere vesting of land under the statute does not constitute taking of possession unless the mandatory procedures for voluntary surrender or forceful dispossession are strictly complied with. Failure to serve notice or to establish actual physical dispossession results in the abatement of proceedings under the Repeal Act, as the State cannot demonstrate de facto control.

Result: Appeal dismissed.

Table of Content
1. factual history of land disputes and ulc act proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. parties' contentions on ulc proceedings, locus standi, and delay. (Para 10 , 11 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
3. requirement of mandatory notice and physical possession under ulc act. (Para 12 , 13 , 14 , 15 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47)
4. affirmation of trial court judgment and dismissal of appeal. (Para 48 , 49)

JUDGMENT: (per Hon’ble Justice Gadi Praveen Kumar)

%Dated 24.04.2026

# Between:

The State of Telangana and Two Others.

…Appellant

VERSUS

D.Seshagiri Rao (Died) per LRs and Nine Others

…Respondents

! Counsel for appellant : Sri D.V.Chalapathi Rao,

learned Government

Pleader

^ Counsel for Respondents : Sri B.Venkat Rama Rao,

learned counsel for R-1.

< GIST :

> HEAD NOTE :

? Cases referred :

1. AIR 2013 SC 1793
2. (2015) 5 SCC 321
3. 2011 (15) SCC 383
4. 2008 SCC Online Cal 396
5. (2003) 2 SCC 111
6. 2024 SCC Online TS 4007
7. 2025 SCC Online SC 447
8. (2013) 4 SCC 465
9. 2026 INSC 21
10. (1936) 38 BOMLR 987

HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

****

THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA

AND

THE HON’BLE JUSTICE GADI PRAVEEN KUMAR

WRIT APPEAL No.176 of 2024

DATE :24-04-2026

Between :

The State of Telangana represented by

its Principal Secretary, Hyderabad and two others

…Appellants

And

D.Seshagiri Rao (Died) per LRs and Nine Others.

… Respondents.

JUDGMENT: (per Hon’ble Justice Gadi Praveen Kumar)

Heard Sri D.V.Chalapathi Rao, the learned Government Pleader

appearing for the appellants and Sri B.Venkat Rama Rao, learned

counsel appearing for the respondent Nos.1 (died per LRs-respondent

Nos.9 and 10), 2, 9 and 10 .

2. The present appeal is filed aggrieved by the order dated

06.06.2023 passed in W.P.No.37583 of 2015 by a learned Single Judge

of this Court in allowing the Writ Petition.

3. The appellants herein are the official respondents-State of

Telangana and respondent Nos.1 and 2 are the writ petitioners before

the learned Single Judge.

4. The parties herein are referred to as they are arrayed in the

Writ Petition.

5. The Writ Petition was filed assailing the suo motu proceedings

dated 01.06.2007 in File No.F/3271/6(1)/2006 issued by the appellants

under Section 8(4) of the Urban Land (Ceiling and Regulation) Act,

1976 (for short, ‘the ULC Act’), Statement under Section 9 and

subsequent notices and orders under Sections 10(1), 10(3), 10(5) and

10(6) dated 27.07.2007, 08.08.2007 and 28.12.2008, respectively, in

respect of writ petitioners lands to the extent of Acs.1.38 guntas in

Sy.No.484, to the extent of Acs.2.30 guntas in Sy.No.485 and Ac.1.30

guntas in Sy.No.486 of Bachupally Village, Quthbullapur Mandal, Ranga

Reddy District, passed by the respondent No.2 and to quash the same

as being illegal, without jurisdiction, arbitrary, void and violative of the

principles of natural justice and also to delete the writ petitioner’s land

from the prohibited list of the Government lands.

6. The facts, in brief, leading to filing of the present Writ Petition

are that the petitioners claim ownership over agricultural land

admeasuring Acs.10.00 guntas situated in Sy.Nos.484, 485 and 486 of

Bachupally Village, Quthbullapur Mandal, Ranga Reddy District. Their

claim of title originates from an agreement of sale dated 09.09.1981,

followed by execution of registered sale deeds in the years 1990 and

1993. Pursuant thereto, mutation proceedings were effected in their

favour. It is contended that the subject lands were originally ancestral

properties of K.Subhan Reddy, K.Chandra Reddy and another.

7. According to the petitioners, petitioner No.1 purchased Acs.5.00

guntas of land from K.Kista Reddy who belongs to the branch of said

K.Chandra Reddy and the petitioner No.2 purchased Acs.5.00 guntas of

land from K.Raghava Reddy, Mohan Reddy and their family members

who belong to the branch of said K.Subhan Reddy. It is further stated

that petitioner No.1 reta

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