DUCINIA RODRIGUES Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal preferred by the declarants is directed against the order of the learned single Judge dated 26-2-1999 made in WP No. 13338 of 1998 dismissing the writ petition. The appellant-declarants in the above writ petition sought for a direction to call for the records from the Special Officer and competent authority, Urban Land Ceiling, Hyderabad, the third respondent herein in CC No. F1/842/76 along with F2/863/96 and to quash the memo No. F2/862 and 863/26/96, dated 28-3-1998 and also for a consequential direction to give clearance to the petitioners in respect of the retainable area in plot Nos. 58 and 59 in Sy.Nos. 357/1 and 357/3 of Malkarjigiri village. The writ petitioners also sought for a direction to receive and register the sale deeds presented for registration in respect of the said plots.

(2.) The background facts leading to the filing of the writ petition may be noted briefly as under: A retainable area of 1000 sq.mts. is allowed by the third respondent to each of the writ petitioners and determined 1,780 Sq.Mts. of land as excess land vide his proceedings Nos. F2/ 842/76 and F2/843/76 dated 21-3-1980. After such determination, the petitioners were denied the right of surrendering the excess area as per their option and choice. That led to the petitioners preferring an appeal to the Commissioner (Appeals), Urban Land Ceiling where the petitioner claimed and opted to retain an area of 2000 sq.mts. of land comprised in Pl.Nq.58 P and 59 P (Sy.Nos. 357/1 and 357/3), Malkajigiri RR District. The Appellate authority by his order in Ref.No. UC2/2373/80 dated 3-8-1981 allowed the appeal acceding to the claim of the writ petitioners. The order made by the appellate authority dated 3-8-1981 has become final.

(3.) The petitioners, thereafter, intending to sell the retainable area issued notice under Section 26(1) of the Urban Land (Ceiling and Regulation) Act, 1976, for short 'the Act'. The third respondent refused permission to the petitioner to alienate the land by his order dated 28-3-1998. The reason to refuse permission is the following: