SANTOSH VERMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner filed a declaration under Sec. 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') in File No.F1/318/76 before the respondent No.2 declaring that she and her husband possessed an extent of 3698.18 sq. meters of land within the urban agglomeration of Hyderabad and New Delhi. Pursuant thereto, the respondent No.2 prepared a draft statement under Sec. 8(1) of the Act on 28/8/1978 determining that the petitioner is holding excess land of 2698.18 sq. meters in Sy.No.20 of Habsiguda Village, Ranga Reddy District (which according to the petitioner is situated within the peripheral area of Hyderabad Urban Agglomeration). The petitioner submitted an exemption application on 7/8/1979 under Sec. 20(1)(a) of the Act. The respondent No.3 issued final statement on 14/9/1979 under Sec. 8(4) of the Act confirming draft statement under Sec. 8(1) of the Act. However, it is stated that the petitioner has not received notice or statement under Sec. 8(4) or 9 of the Act at any point of time.

(2.) Sec. 10(1) notification is said to have been issued published in the Gazette dtd. 15/5/1980. In such circumstances, the petitioner filed WP.No.5392 of 1980 challenging final statement dtd. 19/9/1979 and sought a direction to consider the application dtd. 7/8/1979 for exemption. This Court vide order dtd. 27/10/1980 in WPMP.No.8060 0f 1980 stayed the publication of Sec. 10(3) notification in the Gazette. Subsequently, WP.No.5392 of 1980 was allowed by order dtd. 26/9/1986 following the order passed by this Court in WP.No.5968 of 1983 dtd. 18/9/1984.

(3.) It is submitted by the learned counsel for the petitioner that final statement under Sec. 9 of the Act dtd. 19/9/1979 is quashed in view of WP.No.5392 of 1980 being allowed.