High Court · 2023

-Sri 'L;r'riri 'V;;ini Rajendranagar. Ranga Reddy District (Petttioners I to 15 are brought on record- as.LRs.of the deceased Petitioner llrr''iii p"iciirrt oraeioltda rs.03.2023 in l A No 3 ot 2023) ...pEflfloNERS AND 1 The Commissioner of Land Reforms & Urban Land -' Ceiling' A'P' ?n3"J;:3* officer & competent Authoritv' Urban Land ceilifi?Jl8fifl']frfs " - Petrtion Lrnder A(ltcle 226 of the Constitution of lndia praying that in the -^.^n^6< stated in tne affidavit filed therewith' the High Court may be ctrcull Ista I r'"" pleased to lssue a Wrlt' Order or dlrection more particularly one in the nature of Writ of Certrorarr calling for records pertaining to CC No D112780t76 and quash the ordes of the 2nd respondent dt 13'5'94 and its consequential orders as being violative of principles of natural justice' equity and fair play in the interest of justice and contrary to the mandatory provisions of Sec' 8 (3) and (4) and 9 of the Urban Land ( Ceiling & Regulation) Act' 19760 w PMP. NO: 32940 OF 2004 IA NO 20F 2022 etition under Section 151 CPC Praying that an the circumstances stated in ? the affrdavit filed in suPPort of the Petition, the High Court may be Pleased To set aside the default order d aled 06-04-2022 in WP N o.2521912Q04 bY restoring the above writ P etition on file in the interest of justice and Pass r.A. NO 10 F 200 etition und er Section 1 51 CPC Prayln g that in the circumstances stated in P the affidavit filed in support of the petition' the High Court may be pleased Grant stay of dispossession of the petitioners land in an extent of Ac7-2O gunts in Sy'Nos,5Sto62ofLakshmigudaVillage,RajendranagarMandal,R.R,District. pursuant to the notice of the 2nd rspondent d|.29.9.2004 in Lr. No. D1/2780/76 pending the above W P before this Hon'ble Court' r.A NO 2010 WPMP. NO: 6'143 OF 2010 :1 OF Petition und er Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the writ petition in pursuance of the repealing of Urban Land (Ceiling and Regulation) Act, 1976 Counsel for the Petitioners: SRI P. RAJASEKHAR Counsel for Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER I THE HON'BLE SRI ]USTICE B. VIJAYSEN REDDY WRIT P ETITION No.25219 of 2OO4 ORDER: This writ petition is filed challenging the proceedings bearing CC. No. D 1/2780/76 dated 13.05.1994 and consequential orders issued by the respondent No.4 as being violative of principles of natural justice and mandatory provisions under Sections B(3), 8(4) and Section 9 of the Urban Land (Ceiling and Regulation) Acr, 1976 (for short 'the ULC Act').

2. The petitioners claim to be the owners of land admeasuring Ac.7.2O guntas in Sy.Nos.58 to 62 situated in Laxmiguda Village, Rajendrangar Mandal, Ranga Reddy District. The father of the petitioners, Akkem Komaraiah, filed declaration under Section 6(1) of the Act in respect of the above land and also house bearing No.1-11 constructed in an extent of 850 sq. nTeters situated at Mailardevpalli Village. The petitioners sought exemption under Section 20 of the ULC Act, as the land is an agricultural land and used for agricultural purpose only' After filing declaration' the father of the petitioners died on 04'06'1983' The residential address of their father was mentioned in Form-I' It is contended that after death of their father, no notice was issued under Sections 8(3), 8(4), 9, 10(1) and 10(3) of the ULC Act' In the last week of November2004,therespondentNo'2gotservedanoticepurported I I I I l to have been issued under Section 10(5) of the ULC Act directing the petitioners to surrender the land. On enquiry, the petitioners came to know that entire proceedings were rssued behind their back without any notice and opportunity.

3. It is noticed from the counter of the respondent No.2 that there is also a reference to appeal No.Hydl115/96 said to have been filed by the father of the petitioners challenging the order of the respondent No.2 dated 13.05.1994. According to the respondents the said appeei was dismissed by order dated

05.05.1995. The petitioners contended that they have not filed any appeal and they have not engaged any lawyer to file the said appeal.

4. However, it is not necessary for this Court to go into all those issues, in view of the submission of the learned counsel for the petitioners that status quo order was passed by this Court on 27.01.2005, possession of the subject land admittedly was not taken by the Government and by virtue of section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, the tands of the petitioners are saved from the provisions of the ULC Act and the proceedings are abated.

5. Though a detailed counter has been filed by the respondent No.2, learned Government pleader for Land Acquisition has fairly -r-1------.--,i -_+ I I L conceded that the Section 10(5) notice was issued on 29.09.2004 and served on the legal heirs of the declarant on 10.10.2004 to deliver possession of the surplus land within 30 days; the legal heirs of the declarant failed to surrender possession of the land. Notice under Section 10(6) of the Act was issued on 0g.12.2004 authorizing the enquiry officer to take over possession of the subject land; in the light ofthe status quo order dated 27.01.2005 passed by this Court, the possession oF the land was not handed over to the Mandal Revenue Officer, as stated in para 3 of the cou nter affidavit.

6. Thus, it is not in dispute that the possession of subject lands was not taken from the petitioner and they are saved under Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, which came into force in the State oF Andhra Pradesh with effect from 27.03.2008 and the ULC proceedings got abated. In view of the above, the writ petition is allowed, as the impugned proceedings are abated. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. That the Rule Nisi has been made absolute as above' W|INESS THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN' ON this Wednesday, the Fifteenth day of March' Two Thousand and Twenty Three' //TRUE COPY// "?';5i3TI'-Tflt'EYFIX ! SECTION OFFICER To, 1 The Commissioner o{ Land Retorms & Urban Land -' Ceitrng' A-P' Hyderabad I k --t i 2 3 4 The Special Officer & Competent Authority, ', Urban Land Ceiling, Hyderabad One CC to Sri P Rajasekhar Advocate [OPUC] Two CCs to GP For Land Acquisition, High Court for the State of Telangana. Two CD Copies

5. MBC BS v I : I I I I (2 DRAFTS) HIGH COURT DATED: 1510312023 = -_:1-:- ' 4, sa.-t t* i,: \ a \ t 1- ORDER WP.No.25219 of 2004 ALLOWING THE WRIT PETITION WITHOUT COSTS 9l.^ I I ,.j