P.VIJAYA JYOTHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, is filed for the following relief:

(2.) The case of the petitioner, as per the pleadings in the affidavit filed in support of the writ petition is as under:

(3.) One Col. Cox was the owner and pattadar of the lands admeasuring Ac.2.13 gts in Sys.Nos.30 and 31 of Guttala Begumpet village and some time in the year 1954, the said Col. Cox sold the said lands to one Erram Mallaiah, son of Pochaiah, and pursuant to the said sale, the name of Erram Mallaiah was mutated in all the revenue records as the owner and pattadar of the said lands and he continued to be so till the year 1972 i.e., the year which is believed to be his year of death. The legal representatives of the said late Erram Mallaiah appointed one Mr.D.Ravinder S/o late B.Ranganath as their G.P.A and the said Ravinder executed a registered sale deed vide Doc.No.3052/1996 in favour of one Sri P.Jagannadha Reddy, who in turn subdivided his land into three plots and the petitioner herein purchased the plot admeasuring 400 square yards from the said P.Jagannadaha Reddy vide registered sale deed vide Document No.7119/1996, dated 19.08.1986. In the sale deed dated 08.02.1996 executed by the G.P.A Sri B.Ravindra in favour of Sri P.Jagannath Reddy, it was specifically mentioned that the land admeasuring Ac.2-13 gts of his vendors i.e., the legal representatives of late Erram Mallaiah were exempted from the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called 'the Act') as per the orders issued by the Government of Andhra Pradesh in G.O.Ms.No.733, Revenue Department, dated 31.10.1988. The mutation in the name of the petitioner was effected and ever since the petitioner has been in possession and enjoyment of the property to the knowledge of one and all including the respondents herein. The second respondent/Special Officer and Competent Authority, despite the protection granted by the Government of Andhra Pradesh vide G.O.Ms.No.733, Revenue, dated 31.10.1998 and G.O.Ms.No.280, M.A, dated 01.06.1989, decided to apply the provisions of the Act in respect of the land admeasuring Ac.2-13 gts situated in Sy.Nos.30 and 31 of Guttala Begumpet village. On the instructions of the second respondent, Special Officer and Competent Authority, the enquiry officer submitted a report, asking the second respondent to issue notice to the pattadar under Section 6 (2) of the Act. Thereafter, the Special Officer and Competent Authority, the second respondent herein, issued a notice No.F1/3272/6(1)/06, dated 06.02.2006, under Section 6 (2) of the Act in the name of Sri N.Mallaiah, asking him to file the statement in Form-I on or before 24.02.2006 along with a petition for condoning the delay with reasons thereon. The second respondent/Special Officer and Competent Authority directed the Enquiry Officer to serve the said notice to the addressee and by virtue of a letter No.F1/3272/6(1)/06 dated 04.03.2006, the Enquiry Officer reported to the Special Officer that he conducted panchanama on the lands in Sy.Nos.30 and 31 and the panchas said that the pattadar is not residing in the village and his legal representatives are also not residing and that he pasted the notice on the stone of the said land and also on the Notice Board of the Ward Office before the Panchas. Eventually, in the said report dated 04.03.2006, the Special Enquiry Officer recommended to initiate proceedings under the Act. On the said report dated 04.03.2006 of the Special Enquiry Officer, the second respondent herein mechanically issued orders in proceedings No.3272/6(1)/06, dated 25.03.2006, issuing draft statement under Sections (8) (1) and Section 8 (3) of the Act calling for objections, if any, within 30 days despite the death of the pattadar. On the ground that no objections were received, the Special Officer and Competent Authority vide proceedings No.F1/3272/6(1)/06, dated 04.05.2006, issued final statement under Section 9 of the Act. The Special Enquiry Officer, Urban Land Ceiling, Hyderabad, vide report No.F1/3270/6(1)/06 dated 15.02.2006 informed the second respondent that the pattadar died long back and his legal representatives are not residing in the Guttala Begumpet village. In the said report dated 15.05.2006, the Special Enquiry Officer also stated that he conducted panchanama and pasted the copy of the order dated 04.05.2006 in the above land as well as in the village ward office before the panchas. In spite of the said report wherein the death of original pattadar was clearly indicated by the Special Enquiry Officer, the second respondent/Special Officer and Competent Authority published notification in the A.P. Gazette No.351 under Sections 10 (1), 10 (2) and 10 (3) of the Act on 08.11.2006. Contending that the said action on the part of the respondents in initiating and concluding the proceedings under the Act against a dead person as contrary to the provisions of the enactment, illegal, arbitrary, null and void and contending that the said initiation and completion of the proceedings is not permissible in view of the orders of the Government of Andhra Pradesh in G.O.Ms.No.733, Revenue, dated 31.10.1008 and G.O.Ms.no.280, MA, dated 01.06.1989, the present writ petition has been filed.