SHAHEEN BEGUM Vs. COMMISSIONER OF LAND REVENUE AND URBAN LAND CEILINGS GOVT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) This is a petition filed under Art. 226 of the Constitution of India for issue of a writ of mandamus of any other appropriate writ or order or direction declaring the order dated 1-10-1987, passed by the 2nd respondent, declaring 6,077-49 square Meters of land as surplus holding in the hands of each of the petitioners under S.9 of the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976), hereinafter referred to as 'the Act', and the order dated 14-12-1988, passed by the 1st respondent, affirming the order of the 2nd respondent, as unconstitutional, illegal and arbitrary.

(2.) The facts giving rise to the filing of the above writ petition do not admit of any controversy and may be briefly stated : The petitioners, four in number, are co-sharers of three different properties, more fully set out in the declaration submitted by them under S.6(1) of the Act. Of the three different properties in respect of which the declaration was submitted, two are vacant lands, situate at Yellareddyguda and Karvan Graveyards. The first property, bearing Municipal Nos. 8-3-948 and 949, situate at Ameerpet, consists of two buildings, two sheds, three quarters intended for servants, one garage and one swimming pool. The surplus holding in respect of the first property, determined by the 2nd respondent in 5,673-63 Square Meters. The total extent of the second property, covered by Survey No.14 of Yellareddyguda, is 20,639-10 Square Meters. The whole of it was determined by the 2nd respondent as surplus land in the hands of all the petitioners put together. The third property was excluded from the holding of the petitioners on the ground that it was wakf property. The order passed by the 2nd respondent was mechanically confirmed by the 1st respondent,

(3.) Aggrieved by the same, the above writ petition was filed.