BANDA SATTAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) PETITIONERS filed instant writ petition seeking a writ of mandamus declaring action of respondents, namely, Government of Andhra Pradesh in Department of Revenue (Urban Land Ceiling), Commissioner of Appeals in office of Chief Commissioner, Land Administration, and Special Officer and Competent Authority, Urban Land Ceiling (ULC), Hyderabad, in treating land comprised in Survey No. 145/1, Mailardevarpally Village of Rajendranagar Mandal, as surplus vacant land by not applying Government order in G. O. Ms. No. 733, dated 31. 10. 1988, as illegal, arbitrary and violative of Article 14 of Constitution of India besides being violative of provisions of Urban Land Ceiling (Ceiling and Regulation) Act, 1976 (ULC Act), and for a consequential direction to respondents to treat land in survey No. 145/1 as non-surplus land.

(2.) THERE are thirteen petitioners. All of them belong to one family and are closely related. It is their case that family of petitioners purchased an extent of Acs. 3. 30 guntas in Survey No. 145/1 (petition schedule land) from Nawab (in writ affidavit, it is described as Nawar) Chandra Reddy, original pattadar. The sale is under unregistered sale deed. One Banda Mallaiah (father of first petition) appears to be purchaser. He approached Mandal Revenue Officer (MRO), Rajendranagar Mandal, under Section 5a of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Ror Act) for regularization of sale. It is alleged that by proceedings No. D/404/3483/89, dated 27. 2. 1991, MRo regularized sale in favour of Mallaiah (father of first petitioner), Jangaiah (father of petitioners 2 to 5), Banda Bhushan (petitioner No. 8), Raju (petitioner No. 9), Mallesh (father of petitioners 11 and 12) and three others. Nawab Chandra Reddy from whom Mallaiah allegedly purchased petition schedule land filed a declaration under Section 6 (1) of ULC Act, claiming it as ancestral property of declarant. Third respondent declared Nawab Chandra Reddy as surplus vacant landholder to the extent of 15,175. 68 Sq. Mts.

(3.) IT is alleged that Mailardevarpally Village forms part of Hyderabad Urban Agglomeration. As per G. O. Ms. No. 733, land to an extent of Acs. 5. 00 in peripheral area of Urban Agglomeiation is exempted from the provisions of ULC Act, and therefore, petition schedule land stands exempted. The order passed by respondents was not communicated to petitioners and after several years officials from the office of second respondent visited land in October 2008, when petitioners came to know about dismissal of appeal. As orders are not communicated, petitioners are in possession of the land, and therefore, they did not question orders of second respondent immediately. It is further stated that an extent of Acs. 0. 23 guntas out of petition schedule land was acquired by Government vide proceedings No. C/68/07, dated 10. 1. 2008 for P7 road and its alignment. As per the Award, Acs. 0. 01/2 guntas belongs to petition schedule land belongs to Pride Estate and Farms Administration, Acs. 0. 181/2 guntas belongs to petitioners' family and compensation was paid to them. Respondents all along treated land as non - surplus land, and therefore, without issuing any notice, respondents cannot take possession of the land.