MAHADEV PERSHAD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is seeking a declaration that memo. No. 101/J.C. II/79-5 dated 6-4-81 and No. 2083/U.C. 11/81-1 dated 19-l-1982 issued by the Government of Andhra Pradesh Revenue (J.C. II) Dept. are illegal and consequently direct the Government of Andhra Pradesh represented by the Secretary, Revenue Dept. (U.C. II) to consider on merits the petitioner's application dated 8-1-1979 for grant of exemption under the provisions of Urban land (ceiling and regulation) Act, 1976 in respect of the land belonging to him

(2.) The case has a long history. As far back as on 1 -10-1974 the petitioner entered into an agreement of sale with one Sri Ramesh chand to purchase land admeasuring Ac. 2.354 cents in S. Nos. 35/2.36/37/2,43 and part of survey Nos. 35/1, and 37/1 situate in the village of Bumruckmud Dowla, Hyderabad Urban district. He paid an earnest money of Rs. 11,501/ and several other amounts subsequently, totalling Rs, 26,501/-. At that time A.P. Vacant lands in Urban Areas (Prohibition of alienation) Act 1972, was in force. A joint application was made on 20-10-1974 by the petitioner and the owner of the land seeking exemption from the provisions of that Act. It appears that on 15-11-1974 the Collector Hyderabad District issued a memo to the proposed vendor to file four copies of the application with site plan and a court fee stamp of Rs. 20/- for taking necessary action. Thereafter nothing happened and the matter was kept pending. In the mean time the Urban land (Ceiling and Regulation) Act, 1976, came into force as a result of which the aforesaid 1972 Act ceased to be in operation.

(3.) On 9-1-1979 the special officer and compelent authority Urban land ceilings, in his letter No. B1/6412/76 dated 9-1-79 strongly recommend to the Government the case of the petitioner or exemption from the operation of provisions of Act, 1976. The commissioner, land Revenue also in bis letter dated 26-2-1979 expressed the opinion that it is a fit case for granting exemption. But the Government on 6-4-1981 passed the order in question rejecting the request of the petitioner observing that the land owner has failed to make an application under Section 20 (1) (b) of the Act".