D. TARA BAI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Order of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, in proceedings No.B1/6012/76, dated 20.12.1992 passed under Section 8(4) and Section 9 of the Urban Land (Ceiling and Regulation) Act, 1976 (for brevity 'the Act') is challenged in this writ petition, on the ground that the order was passed without following the mandatory procedure; and against a dead person, hence a nullity; and consequently to declare the orders passed under Section 10(1), 10(3), 10(5) and 10(6) of the Act, as illegal.

(2.) Petitioners are daughters of one Smt. Laxmi Bai. Smt. Laxmi Bai filed declaration under Section 6(1) of the Act before the Special Officer and Competent Authority, Urban Land Ceiling, the 2nd respondent herein, declaring the lands in her possession measuring 24272 sq. meters situated in Sy.Nos.159/1, 159/2 part, 160, 161, and 162 of Guddimalkapur village, (presently Asifnagar Mandal), Hyderabad District. A provisional order under Section 8(1) of the Act together with a notice under Section 8(3) dated 4.06.1980 was served on the declarant, provisionally determining that she held 24,377.02 sq. meters in excess of the ceiling limit. The declarant filed her objection petition on 28.10.1980. Therein she indicated the names of the petitioners and others as being entitled for a separate unit each, on the ground that the lands were joint family properties acquired by her husband. Several other objections were also taken including that there were some structures on the land and the lands were agricultural lands, and hence cannot be treated as vacant land or urban land.

(3.) After filing the objections, the declarant died on 4.07.1991, leaving her four daughters including the three petitioners herein and one Smt. Yada Bai, a son, viz., Bansilal and two grandsons, viz., Dasaradh and Rajender through her deceased son as her legal representatives.