GOVIND SINGH Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS writ petition is filed seeking a Writ of mandamus declaring the action of the 3rd respondent in forcing the petitioners to surrender the lands as illegal and arbitrary and consequently declare the impugned memo No. 2013/ucii/84-6 dated 20. 10. 1998 passed by the 1st respondent as illegal, without jurisdiction and also to declare that the lands held by late Zaidunissa Begum are exempt from Chapter III of the Urban Land (Ceiling and Regulation) Act, 1976 in view of g. O. Ms. No. 733 dated 31. 10. 1988.

(2.) THE case of the petitioners is that the 1st petitioner purchased an extent of 1953. 55 square yards of land situated in Sy. No. 503/b of Attapur village, Hyderbad, under registered sale deeds dated 27. 01. 1989 and 24. 01. 1990 from respondent Nos. 4 and 5 (grand-daughters of late Zaidunnissa Begum ). Other petitioners have also purchased lands from respondent Nos. 4 and 5 under different registered sale deeds. It is stated that originally late Zaidunissa Begum filed a declaration under Section 6 (1) of the Urban land (Ceiling and Regulation) Act, 1976 (Act 33 of 1976) (for short "the Act") before the 3rd respondent-Special Officer and competent authority. In the declaration she declared that the land situated at Sy. No. 503/b of attapur village, Hyderabad, admeasuring an extent of Ac. 8. 00 was in her holding. The 3rd respondent by order dated 22. 07. 1985 declared an extent of 33,280 square metres in Sy. No. 503/b of Attapur village as surplus land. Aggrieved by the same, an appeal was preferred before the 2nd respondent and the same was dismissed by order dated 22. 02. 1991. It is further stated that the government of Andhra Pradesh issued g. O. Ms. No. 733 dated 31. 10. 1988 whereunder the lands situated in peripheral areas to an extent of Ac. 8. 00 are exempted from the provisions of the Act. In pursuance to the g. O. Ms. No. 733 the 2nd respondent has addressed a letter to the 1st respondent seeking permission under Section 34 of the act to revise the 8 (4) orders for giving effect to the benefit under the said G. O. It is further stated that respondents 4 and 5 filed an application before the 1st respondent on 17. 12. 1984 for granting exemption under the act and the same was rejected on 20. 10. 1998 directing the 3rd respondent to take possession of the surplus land. It is further stated that in view of rejection order passed by the 1st respondent dated 20. 10. 1998, the 3rd respondent is forcing to surrender the lands from the petitioners. Hence the writ petition.

(3.) COUNTER-AFFIDAVIT has been filed on behalf of respondents contending that one mohd. Hameeduddin (grandfather of respondents 4 and 5) filed a declaration under section 6 (1) of the Act declaring an extent of 32374. 80 square meters situated in sy. No. 503/aa of Attapur village after retaining an extent of 1000. 00 square meters. He was provisionally declared as surplus holder to an extent of 31374. 80 square meters in sy. No. 503/aa. Draft statement under section 8 (1) and notice under Section 8 (3)of the Act were issued calling for objections, if any and the same were served on the declarant on 24. 03. 1981. It is stated that on check measurement, an area in T. S. No. 20, ward No. 19 and Block 'f' of Attapur village measuring 33280 square meters correlating to Sy. No. 503/aa was found to be correct and, therefore, the said area was taken into account for computation of holding of declarant. It is further stated that as per land use certificate issued by Hyderabad Urban development Authority except two small bits in western side, rest of the area is specified for the purpose other than agriculture and as such the land in question is treated as vacant land. It is further stated that the declarant hameeduddin died on 29. 08. 1981 i. e. , after commencement of the Act and hence he is treated as the holder of the land. Respondents 4 and 5, who are the grand-daughters of the declarant, are not entitled to any share as on the date of enforcement of the Act. It is further stated that the draft statement under section 8 (1) of the Act is confirmed with alteration in the area as per check measurement and declared as surplus holder to an extent of 33280 square meters in sy. No. 503/aa after allowing retainable area of 1000 square meters. Against the said order, 4th respondent and another filed an appeal before the 2nd respondent-Commissioner of Land Reforms and Urban land Ceilings and the same was rejected by order dated 22. 02. 1991. It is further stated that on the application dated 17. 12. 1984 filed by the G. P. A. holder of respondents 4 and 5 for exemption under Section 20 (1) (b) of the act, the Government rejected the same vide memo No. 2013/ucii (2)/84-6 dated 20. 10. 1998 on the ground that request is not feasible and directed the 3rd respondent-Special Officer and Competent Authority to take over possession of the surplus land. Notification under Section 10 (1) of the Act got published in A. P. Gazette No. 287 dated 30. 10. 1991 and 10 (3) declaration was also issued and in the meanwhile the petitioners filed the present writ petition. It is further stated that the declaration under Section 6 (1)of the Act has been filed by Md. Hameeduddin but not Ziadunnisa Begum as stated by the petitioners. It is further stated that the government issued orders vide G. O. Ms. No. 733 dated 31. 10. 1988 exempting an extent of Ac. 5. 00 of land within peripheral area from the provisions of the Urban Land Ceiling Act but not Ac. 8. 00 as contended by the petitioners. It is further stated that respondents 4 and 5 filed an application before the Government on 17. 12. 1994 for granting exemption under Section 20 (1) (b) of the Act and the same was rejected on the ground of non-feasibility. It is further stated that g. O. Ms. No. 733 dated 31. 10. 1988 was issued subsequent to issuance of orders under section 8 (4) of the Act dated 22. 07. 1985 and therefore, there is no applicability of exemption granted under the said orders of the Government.