STATE OF ANDHRA PRADESH Vs. B KOMARAIAH

JUDGEMENT

(1.) In this writ appeal/ the State of Andhra Pradesh challenges the order of the learned single Judge in WP.No.3219/95 dated 13-11-1995.

(2.) Briefly stated, the relevant facts are asunder: The respondents jointly owned an extent of Ac.6-06 cents of agricultural land in Sy.No.578 of Uppal Kalan Revenue Village of Ranga Reddy District. The Urban Land (Ceiling and Regulation) Act 1976 (hereinafter referred to as 'the Act') became applicable to the State of Andhra Pradesh with effect from 17-2-1996 (sic. 1976). Hyderabad is one of the Urban Agglomerations declared under the Act in the State of Andhra Pradesh as is evident from Schedule 1 appended to the Act. The land of the respondents fell within the urban agglomeration. The respondents claimed that they are using the said land for the purpose of agriculture. However, since the land is within the urban agglomeration, they filed a declaration as required under Section 6 of the Act.

(3.) The declaration filed by therespondents was processed by the 2nd appellant and ultimately an order under Section 8(4) of the Act was passed by him on 7-4-1990 deciding that the respondents hold a extent of 11439.50 sq.mts. in excess of ceiling limits. On the same day, the statement under Section 9 of the Act was also issued in terms of order under Section 8(4) of the Act. The respondents filed an appeal before the appellate authority under Section 33 of the Act. The appellate authority rejected the appeal through orders dated 22-1-1991. The respondents filed W.P.No3219/95 challenging the validity of the order of the 2nd appellant dated 7-4-1990 under Section 8(4) of the Act.