PARCHURI RATNAKAR RAO Vs. STATE OF A P

JUDGEMENT

(1.) Whether the purchaser of land declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') can claim benefit of the policy contained in G.O. Ms. No.733, Revenue (UC-II) Department, dated 31-10-1988 and seek exemption under Section 20 of the Act is the question which arises for determination in these appeals filed by the appellant against orders dated 7-7-2005 passed by the learned Single Judge in Writ Petition Nos. 14662 and 14675 of 2005 ; respectively whereby he refused to quash final statement issued by Special Officer-cum-Competent Authority, Urban Land Ceiling, Warangal (hereinafter described as 'Special Officer') under Section 9 and notifications issued under Section 10(3) and (6) of the Act in respect of land comprised in Survey No. 182/4 belonging to late Sri V. Lakshmaiah.

(2.) The appellants claim to have purchased 3448.50 square yards of land comprised in Survey No. 182/4 situated at Shayampet, Hanamkonda Mandal, Warangal District from V. Veer a Swamy @ Kotaiah, V. Veeramallu, V. Veeresham and V. Laxminarayana, all sons of V. Laxmaiah, V. Prabhaker S/o. Veera Swamy @ Kotaiah and V. Mallesham S/o. V. Veeramallu by registered sale-deeds dated 26-8-1997. In the year 2005, they filed separate writ petitions alleging therein that in the second week of June, 2005, the officials of the Office of the Mandal Revenue Officer, Hanamkonda (for short 'the MRO') came to their land and attempted to take measurements. On being questioned, they told that the lands had been declared surplus by the Special Officer and, they were taking measurements of the land, as per the directions of District Collector, Warangal and the MRO. Immediately thereafter, the appellants approached the Special Officer and came to know that V. Lakshmaiah (father and grandfather of their vendors) had filed declaration under Section 6 of the Act in respect of the agricultural lands admeasuring Ac.0-04 guntas in Survey No.74/C, Ac.0-04 guntas in Survey No.74/D, Ac.0-13 guntas in Survey No.83/ B, Ac.0-14 guntas in Survey No.83/C, Ac.0-28 guntas in Survey No.l69/C, Ac. 1-02 guntas in Survey No. 182/4 and Ac.0-02 guntas in Survey No. 180/1 in total Ac.5-04 guntas situated at Shayampet, Hanamkonda Mandal, Warangal District. He gave out that he had four major sons at the time of coming into force of the Act. After considering the same, the Special Officer issued final statement on 16-9-1981 under Section 9 of the Act and declared that the land owner, namely, V. Lakshmaiah was holding 18,328 square metres of excess land. This was followed by notification issued under Section 10(3) of the Act whereby an extent of 889 square metres in Survey No.l69/C, 744 square metres in Survey Nos.74/C and 74/D, 2723 square metres in Survey Nos.83/8 and 83/C, 5813 square metres in Survey No. 181/4 and 8159 square metres in Survey No. 182/4 was declared as surplus land. After sometime, the Special Officer issued notification dated 24-10-1992 under Section 10(6) of the Act. The possession of the excess land is said to have been taken on 16-11-1998.

(3.) In the writ petitions filed by them, the appellants prayed for quashing of the final statement dated 16-9-1981 and notifications issued under Section 10(3) and (6) by contending thrt in terms of G.O. Ms. No.733, dated 31-10-1988, the land belonging to late Sri V. Lakshmaiah is liable to be exempted. They pleaded that the land in question was neither 'urban land' within the meaning of Section 2(o) nor it could be treated as 'vacant land' within the meaning of Section 2(q) of the Act.