MAHAMOODA BEGUM Vs. PRINCIPAL SECRETARY REVENUE DEPARTMENT HYD

JUDGEMENT

(1.) The petitioners in the instant writ petition pray for an appropriate writ particularly one in the nature of writ of mandamus declaring the action of respondents in allotting the excess land of 10207.45 Sq.metrs. in Sy.Nos.55/1 and 2 of Bholakpur village of Hyderabad for the purpose of construction of Dhobhighat as illegal, arbitrary and unconstitutional and violative of Articles 14 and 21 of the Constitution. The petitioners also pray for a consequential direction to the respondents not to allot the excess land of 10207.45 Sq.metres of land in Sy.Nos.55/1 and 2 of Bholakpur village, Hyderabad District for the purpose of locating Dhobhighat.

(2.) The Petitioners 1 to 6 are the owners of the land in Sy.Nos.55/1 and 55/2 of Bholakpur village of Hyderabad District. Shorn of all the details, the fact remains that Petitioners 1 to 6 have been declared surplus land holders under the provisions of the Urban Land (Ceiling and Regulations) Act, 1976, for short 'the Act'. The surplus area was determined by the Special Officer and competent authority under the provisions of the said Act at 10207.45 Sq.metrs in excess of the ceiling limit over and above the retainable area by Petitioners 1 to 6. It is clear from the record that the petitioners have already surrendered the said excess land under the provisions of the said Act and the same has been accepted by the authorities under Section 10 of the said Act.

(3.) It is however, stated that Petitioners 1 to 6 filed an application seeking exemption under Sections 20 and 21 of the said Act before the 1st Respondent and the same is stated to be pending. The 7th Petitioner herein is stated to have purchased a plot of land from Petitioners 1 to 6 for a valuable consideration with a view to construct a residential house and the said plot forms part of the retainable area by the Petitioners 1 to 6. The application stated to have been filed by Petitioners 1 to 6 purporting it to be under Section 21 of the Act for the purpose of housing scheme is also stated to be pending. The complaint in the writ petition is that the respondents came to the surplus land in question and proclaimed that the entire area of the excess land situated in Sy.Nos.55/1 and 2 of Bholakpur village would be made available for construction of "Dhobhighat". This action, according to the petitioners, is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India apart from being ultra vires the provisions of the Act.