D. POCHALU Vs. SUB

JUDGEMENT

(1.) The petitioner is a member of Sri Saibaba Co-operative Housing Society Limited, Hyderabad, with registration No. TAB-197. The society purchased certain lands in Survey Nos. 3, 4, 5 and 14 situated in Yousufguda village within the Municipal limits of Hyderabad, under a registered sale deed dated 11-1-1979. The society also obtained permission for sale of the land in favour of the Society and for conversion of the said land for residential purposes from HUDA. The society converted the land into plots and allotted plot No. 2 to the petitioner. He purchased it for a consideration of Rs. 10,700.00 under a registered sale deed on 24-1-1984. He wanted to sell the said plot for his domestic purposes. He made an application on 30-6-1986 to the 2nd respondent seeking permission under Sec. 26 of the Urban Land Ceiling of Regulation Act, 1976 (for short "the Act"). The said application was acknowledged by the competent authority-2nd respondent on 14.7.1986. After waiting for 60 days the petitioner approached the first respondent for registering the said land in favour of one Smt Prameela. The first respondent refused to register the same. In the circumstances, the petitioner prays for a writ of mandamus directing the first Respondent to receive and register the sale deed executed by the petitioner in favour of Smt. Prameela and for other appropriate orders.

(2.) The second respondent filed a counter affidavit stating that one B. Rajaih and 20 others were the original owners of the said land and measuring 21,847-03 sq. meters, they have filed notices under Sec. 26 of the Act and obtained acknowledgements. After expiry of 60 days they have registered sale deeds in favour of the Co-operative Society in respect of 12,000 sq. meters. When the society approached the 1st respondent for registration of the plots in favour of the members, an enquiry was made and it was found that the original owner was having 847 sq. meters of excess of the ceiling limit. Notices were sent under Sec. 6 of the Act to the original owners but they failed to file statements under Sec. 6(1) of the Act. It is admitted that the land purchased by the Society was within the prescribed eligibility limit of the land-holders under Sec. 4(1)(b) of the Act and that the registration authorities were informed that they can entertain the documents submitted by the Society in favour of its members. In memo No. 1437/UC-I/84-I dated 12-3-1986, Government have issued instructions not to allow any transfer of the urban property unless the transferor holds lands within the ceiling limits and got exemption for the excess land under Sec. 20(1) of the Act. In view of these instructions, the intimation of the petitioner under Sec. 26 of the Act was rejected. It is contended that in Sec. 5(3) of the Act, an embargo is placed for transfer of any land by the person holding excess land, unless and until he furnishes a statement under Sec. 6 of the Act and after determining the excess vacant land, a notification is published in the gazette. In the circumstances it is prayed that the Writ Petition may be dismissed.

(3.) The learned counsel for the petitioner submits, that admittedly the petitioner purchased only 178-90 square meters, situated at Yousufguda, which is well below the ceiling limit. He purchased the said plot after the clearance of the Land Ceiling Authority and as such he got title to the land. The action of the first respondent in refusing to register the sale deed is arbitrary, therefore, he may be directed to receive and register the sale-deed. The learned Government Pleader however submits that under Sec. 5(3) of the Act, the transfer of land is void and therefore the petitioner does not get any title and as such he cannot transfer the land in favour of the vendee. In any event, he submits, Sec. 26 of the Act has no application to the facts of the case.