GANTHI RAMULU Vs. GOVT. OF A.P.

JUDGEMENT

(1.) AT the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for a Mandamus to declare the action of the respondents, in not treating the property in occupation of the petitioners in Survey Nos.591, 595 and 596 of Eswarapuri Colony, Kapra Village, Ranga Reddy District, as private property consequent on the coming into force of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short 'the Repeal Act'), as illegal and arbitrary.

(2.) THE petitioners claimed to have purchased house plots from one M.L.Lakshmi Narsaiah and his two sons by name M.L.Srinivasa Rao and M.L.Ravi Kumar. As M.L.Lakshmi Narsaiah was holding surplus land, he has filed his declaration under the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act'). He was holding lands in numerous Survey numbers including Survey Nos.591, 595 and 596. Evidently, the lands in the said Survey numbers were also in excess of the permissible ceiling area under the Act. Notwithstanding the same, the declarant and his two sons have sold the lands as house plots to various persons including the petitioners.

(3.) THE Special Grade Deputy Collector, working in the Office of the Urban Land Ceiling, Hyderabad, has filed counter -affidavit, wherein it is inter alia stated that M.L.Lakshmi Narsaiah was declared as having surplus land to an extent of 2,36,291.67 square meters in the Villages of Kapra, Dammaiguda, Jeedimetla, etc., and accordingly, an order under Section 8(1) of the Act was passed on 10.12.1981 declaring the said extent as surplus land; that after considering the objections of the declarant, final orders were passed under Section 8(4) of the Act on 24.04.1982 declaring that he was holding surplus land to an extent of 1,66,639.78 square meters; and that the appeal filed by M.L.Lakshmi Narsaiah before the Commissioner of Appeals was allowed and the matter was remanded to the Special Officer, Urban Land Ceiling for fresh determination. Subsequently, M.L.Lakshmi Narsaiah and his two sons, namely, M.L.Srinivasa Rao and M.L.Ravi Kumar came on record and they were declared to have been holding surplus land to an extent of 2,19,617.12 square meters and 2,19,233.39 square meters respectively; that M.L.Srinivasa Rao died on 27.09.2000 and subsequently, an order under Section 10(5) of the Act was issued on 23.02.2006 and an order under Section 10(6) of the Act was issued on 20.08.2006; that M.L.Ravi Kumar died on 07.09.2007, by which time, orders under Sections -10(5) and 10(6) of the Act were issued and surplus land was taken possession by the Enquiry Officer on 28.02.2008 and 13.03.2008, under the cover of panchanama, dated 13.03.2008. A copy of panchanama has been filed by the petitioners, the authenticity of which has not been disputed. The second page of the said panchanama contains various Survey numbers and the total extent of land under which possession was stated to have been taken is mentioned as 2,19,617.12 square meters. It is the pleaded case of the petitioners that in the list of Survey numbers, which have been mentioned in the panchanama, dated 13.03.2008, Survey Nos.591, 595 and 596 have not been included. The counter -affidavit has not controverted this plea.