KASARLA RADHA KISHAN RAO Vs. SPECIAL COLLECTOR

JUDGEMENT

(1.) IN terms of the amended prayer, this writ petition is filed seeking mandamus declaring the notification issued under Section 4(1) of then Land Acquisition Act, 1894 vide G.O.Rt.No.284 Irrigation and Power (Projects Wing) dated 06.03.1979 and the subsequent proceedings Rc.No.C/36/79 dated 10.08.2009, including the award proceedings No.B2/1886/09 dated 25.03.2011, issued by the respondents, as illegal, arbitrary and in violation of Article 300-A of the Constitution of India.

(2.) IT is the case of the petitioner that he is the owner and possessor of land admeasuring Ac.1.24 guntas in Sy.No.597 and Ac.0.36 guntas in Sy.No.598, situated at Hanamkonda Revenue Village, Hanamkonda Mandal, Warangal District within the limits of Warangal Municipal Corporation. The said lands are classified as agricultural lands and as the same are within Warangal urban agglomeration, he, along with his brothers, has filed declarations including the aforesaid lands, under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the ULC Act ').

(3.) PURSUANT to the declaration filed by the petitioner under the provisions of the ULC Act, the primary authority has passed orders under Section 8(4) of the said Act on 14.10.1981 declaring that the petitioner is holder of excess land to an extent of 1,03,510 sq. mtrs. However, Government, in exercise of revisional power under Section 34 of the Act set aside the orders passed by the primary authority and remitted the matter for fresh consideration by the Special Officer and competent authority. Thereafter, further orders are passed on 25.04.1985 declaring that petitioner is holder of surplus land to an extent of 1,03,519 sq. mtrs. Petitioner was unsuccessful before the appellate authority as the appeal filed by him was dismissed on 30.09.2000 vice proceedings No.WGL/1469/88. As against the orders of the primary authority, as confirmed by the appellate authority, petitioner filed W.P.No.5529 of 2011 before this Court and interim orders were passed to maintain status quo as on 18.03.2001. In the meanwhile, the Urban Land (Ceiling and Regulation) Act, 1976 was repealed by Act 59 of 1999 with effect from 22.03.1999; the State of Andhra Pradesh adopted the same with effect from 27.03.2008. As admittedly possession was not taken under the provisions of the ULC Act, in view of the interim orders of this Court, proceedings under the said Act are lapsed.