DHANALAXMI P Vs. SPECIAL OFFICER URBAN LAND CEILINGS

JUDGEMENT

(1.) This Writ Petition is filed questioning the action of the Special Officer, Urban Land Ceilings, Warangal, in issuing the final Statement under Section 9(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') and issuing the notifications under Sections 10 (1), 10 (3) and notice under Section 10 (5) of the Act without passing any order under Sec. 8 (4) of the Act as illegal.

(2.) The 1st petitioner - Smt. Dhana Laxmi, mother of petitioners 2 to 4 has filed a declaration under Section 6 (1) of the Act, declaring the urban property in Sy.No. 571 (new) 563 (old) admeasuring Ac. 0-36 situated at Waddepally village, Hanamkonda Mandal, Warangal District. An enquiry was made and found that the petitioners are in possession of the urban land to an extent of 3,369 Sq.Mtrs. and a draft statement under Section 8 (1) of the Act has been issued declaring that the declarant is entitled to 2,000 Sq Mtrs. and an extent of 1,369 Sq.Mtrs is excess surplus land. The draft statement was served on 14-11-1977 calling for the objections to be filed within 30 days and it. appears that no objections have been filed, and therefore, a final statement under Section 9 (1) of the Act was issued on 17-12-1977. A notification under Section 10 (1) was issued and notified in the Gazette on 28-08-1980 and Notification under Section 10 (3) was also issued on 03-09-1981 and subsequently notice under Section 10 (5) was also issued on 28-10-1981. An appeal was also filed under Section 33 before the Commissioner, Land Revenue, Urban Land Ceiling, A.P., Hyderabad oh 21-11-1981. Though the Commissioner initially granted stay of dispossession, the appeal was dismissed on 21-04-1984.

(3.) It is the contention of the learned Counsel for the petitioners that the said land is an agricultural land and they have filed certified copies of pahanies for the years 1970-71 to 1975-76 and 1980-81, 1982-83 and they are entitled for the exemption in terms of the G.O.Ms.No. 1797 dated 24-10-1978, but their case has not been considered and without passing any orders under Section 8 (4) and without giving any opportunity to the declarant, final statement is issued under Section 9 (1) of the Act and it is illegal and unsustainable.