C VEERAPPA Vs. CHIEF COMMISSIONER LAND ADMINISTRATION

JUDGEMENT

(1.) Whether the notice issued by Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad (respondent No.2) under Section 8(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, 'the Act') can be treated to have been duly served on the appellant is the question which arises for determination in this appeal filed by him against order dated 13-10-2006 passed by the learned Single Judge in Writ Petition No.20812 of 2006.

(2.) The appellant owned various parcels of land in Survey Nos.55, 56, 58, 59, 60 and 76 of Kothapet Village, Uppal Mandal, Ranga Reddy District. On 15-9- 1976, he filed declaration under Section 6 of the Act. After due enquiry, respondent No.2 issued draft statement on 25-11-1993 and sent the same to the appellant along with notice under Section 8(3) of the Act so as to enable the latter to submit objections. The notice was sent by registered post acknowledgement due and was duly received on 13-12-1993. However, no objection was filed within the stipulated time of 30 days. Therefore, vide order dated 30-4-1994, respondent No.2 finalised the proceedings under Section 8(4) and issued final declaration.

(3.) The appellant challenged the aforementioned order by filing an appeal under Section 33 of the Act. He pleaded that the notice issued under Section 8(3) had not been received by him and the report of service was false. The Commissioner (ROM), in the office of Chief Commissioner, Land Administration, Andhra Pradesh (hereinafter referred to as 'the appellate authority'), after going through the records, held that the notice issued under Section 8 has been duly served and dismissed the appeal vide his order dated 4-4-2006.