GANGULA NARASIMHA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Legality of the orders passed by the Special Officer and Competent Authority (S.O. & C.A), Urban Land Ceiling, Hyderabad in Proceedings No.H1/4933/76 and H1/177/77 under Section 6(1) of Urban Land (Ceiling and Regulation) Act, 1976 dated 4.8.2005, determining that Gurukul Ghatakesar Trust (for short GGT) which held an extent of Ac.649.20 gts of land in Khanamet and Izzatnagar villages of Serilingampally Mandal in Rangareddy District in the capacity of a Charitable Trust, is holding land in excess of ceiling limit to the extent of 23,16,839.02 sq.meters as confirmed by the Commissioner, Appeals, Office of Chief Commissioner and Land Administration, Andhra Pradesh, Hyderabad in No.HYD/102/2006 dated 24.1.2007, is the prime issue involved in these three writ petitions filed by - (i) 32 persons claiming to be the "protected tenants" of some of the lands of Gurukul Ghatakesar Trust, (ii) by way of a Public Interest Litigation by one Sri Chandra Sena Reddy and two others challenging the inaction of the respondent-authorities in not taking action for protection of the Trust properties and (iii) Sri Gurkul Ghatkesar Trust, Ghatkesar village, represented by its Fit Person, Ghatkesar, Rangareddy District respectively.

(2.) While W.P.Nos.9714 and 16658 of 2009 are filed challenging the orders of the Special Officer and Competent Authority, ULC, Hyderabad dated 4.8.2005 as confirmed by the orders passed by the Commissioner, Appeals dated 24.1.2007, W.P.No.20407 of 2008 is filed by the protected tenants challenging the action of the respondent-authorities in including their land in Khanamet village, Rangareddy District, allegedly taken possession by the Government under the provisions of the ULC Act and in occupation of third parties, for regularization in favour of third parties in occupation as per G.O.Ms.No.747 Revenue (U.C.I) Department dated 18.6.2008. By the said G.O. Government issued guidelines formulating a general scheme for allotment of excess lands which were vested in the Government and possession of which has been taken over by the Government under the provisions of ULC Act, 1976 to the land owners/declarants/third parties in occupation subject to certain conditions. It may be noted here that the land of the Trust which the protected tenants are claiming was said to have been taken possession of by the State under the ULC proceedings on 19.4.2006. Pursuant to the orders in G.O.Ms.No.747, number of persons who are in occupation of plots/land of the Trust filed applications for regularization of their occupation including the party respondents herein who are in occupation of the Trust land.

(3.) Subsequent to the filing of the writ petitions, members of Sri Swamy Ayyappa Cooperative Housing Society Ltd. which acquired land from the Trust and some individuals who have purchased plots from the said society, persons who purchased the land directly from the President of the Trust Sri Kishanlal or through his General Power of Attorney and some welfare housing associations who have purchased land/plots from the Trust or Ayyappa Cooperative Housing Society and other Housing Corporations/Societies got themselves impleaded as respondents in the writ petitions.