G. SIVA SANKAR REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The matter arises under the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act').

(2.) It is claimed that the petitioners No.1 and 2 have jointly purchased the immovable property comprising of old structure known as 'Vijaya Talkies', admeasuring 7073 sq. feet bearing Municipal No.7/1/620 along with appurtenant open land, totally admeasuring 4,685 sq. yards, in Sy.No.26 of Ameerpet Revenue Village, Ameerpet, Hyderabad, within the limits of Greater Hyderabad Municipal Corporation, under registered sale deed bearing document No.2031 of 2010 dtd. 4/8/2010.

(3.) It is stated that the predecessor-in-title, late Sri. Mohd Hyder Ali Khan, was the owner and possessor of lands in (1) Premises No.7/1/620, Sy.Nos.25, 26 and 30, T.S.No.8 of Ameerpet to an extent of 2285.86 sq. meters, (2) land in Sy.No.52 (T.S.No.12) to an extent of 107.00 sq. meters, (3) land in Sy.No.41, T.S.No.24 of Ameerpet to an extent of 430.00 sq. meters and (4) land in Sy.No.22/3 of Yellareddyguda (T.S.No.17 & 13/6) of Gudimalkapur. Hyder Ali Khan died on 1/3/1998 leaving behind Smt. Fathima Khatoon, Mohd Mukther Ali Khan and Mohd Murtuza Ali Khan, who are vendors of the petitioners. During lifetime of Hyder Ali Khan, declaration was filed under Sec. 6(1) of the Act before the respondent No.1-Special Officer and Competent Authority, Urban Land Ceiling. The respondent No.1 issued provisional statement and the delcarants submitted objections. The respondent No.1 passed final order under Sec. 8(4) of the Act dtd. 30/4/1993 determining Hyder Ali Khan as surplus land holder in an extent of 18,752.90 sq. meters. Aggrieved by the said order, the delcarants filed an appeal before the appellate authority and the appeal was allowed vide proceedings No.ULC Appeal No.Hyd/44/2001 dtd. 11/1/2002 remanding the case to the respondent No.1 with a direction to re-compute the holding and revise final order keeping in view the observations made therein. It is stated that the order passed in the appeal is non-est since it was passed after the death of declarant, without bringing the legal representatives on record.