SANDAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These writ petitioners who are 31 in number are seeking a writ more particularly one in the nature of Certiorari calling for the files in CC bearing Nos.H2/ 11707 to 11711/76, dated 16-6-1997 as confirmed by the appellate authority and quash the same and declare that the survey numbers 94, 96, 97, 135, 136, 139, 140, 141, 146, 156, 163 and 185 of Kondapur Village, Serillingampally Mandal, Ranga Reddy District belonging to them are situated outside the limits of Hyderabad Urban Agglomeration and consequently the provisions of Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as 'the Act') are not applicable with respect to those lands.

(2.) The facts in brief are as under: The petitioners submit that they arc the joint owners of the agricultural lands bearing survey numbers 94, 96, 97, 135, 136, 139, 140, 141, 146, 156, 163 and 185 situated at Kondapur village, Serilingampally Mandal, Ranga Reddy District and that they have been in possession and enjoyment of the said lands. The said lands are situated beyond the distance of 5 K.Ms. to the municipal limits of Hyderabad on the date of enforcement of the Act and as such the said lands are situated outside the Hyderabad Urban Agglomeration limits and consequently the provisions of the Act are not applicable to the said lands. Some of the writ petitioners filed declarations under Section 6(1) of the Act in CC Nos.H2/l 1707 to 11711 of 1976. The draft statement under Section 8(1) of the Act and notice under Section 8(3) of the Act were issued in the order dated "28-3-1984 provisionally determining the surplus area to an extent of 1,31,594.31 sq.mts. in the said survey numbers and the petitioners were also directed to file objections within 30 days therefrom. In response to that draft statement, the declarants filed their objections petition dated 8-8-1988 contending that all these lands are outside the purview of Hyderabad Urban Agglomeration, that they are the joint family properties, that late Pentaiah had only 1/3rd share in the property and out of that 1/3rd share Smt. Sandamma and Smt. Pochamma are 1/4th share holders and M. Bhikshapathi, M. Satyanarayana and M. Krishna have got l/4th share each. As all these lands arc agricultural lands situated beyond the distance of 5 K.Ms. to the Hyderabad Urban Agglomeration area, the provisions under the Act are not applicable. The Special Officer and Competent Authority under the Act by his order dated 16-6-1997 over-ruled those objections and held that all these lands are the self-acquired property of the declarant-M Bhikshapathi and that they are vacant lands and as such he computed the same to the holdings of the declarant M Bhikshapalhi in CC No.H2/11711/76. The Special Officer and Competent Authority also held that the declarant - M. Bhikshapalhi is holding an extent of 1,32,594.31 sq.mts. Out of it an extent of 124.69 sq.mts was deducted as it was not a vacant land and also held that the declarant -M. Bhikshapathi is having a holding in excess of the ceiling limit to an extent of 1,11,235.32 sq.mts. Final statement under Section 9 of the Act was accordingly prepared, signed and served. Aggrieved of that order, these writ petitioners preferred an appeal to the Commissioner of Land Reforms and Urban Land Ceilings, Hyderabad. The said Commissioner dismissed that Appeal by his order dated 19-8-1997 confirming the orders passed by the Special Officer and Competent Authority. Aggrieved of that order, the petitioners have come up with this writ petition.

(3.) Heard Sri C. Hanumantha Rao, learned Counsel for the writ petitioners and learned Government Pleader for Revenue and perused the impugned orders and other record.