PEASARI MALLAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed questioning the high handed dispossession of the petitioner from the retainable land and order under Sec. 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the ULC Act') dtd. 29/9/1988 in file C.C.No.G1/128/1987 and consequential proceedings to the extent of showing the surplus land as 25062.95 sq. meters, ignoring Sec. 10(1) notification whereunder surplus land was shown as 11572.95 sq. meters by the respondent No.2.

(2.) It is claimed that originally land in Sy.Nos.55, 56, 98, 99, 100, 106, 114, 650, 651 situated at Vampuguda, Keesara Mandal, R.R. District belonged to one Balaiah and Sivaiah, who are the ancestors of the petitioner. The sons of Balaiah were treated as 'A' branch and the sons of Sivaiah were treated as B branch by the ceiling authorities. The said Balaiah had three sons, namely, (1) Pedda Ramaiah (2) China Ramaiah and (3) Reddaiah. The petitioner is the son of Reddaiah. After dividing the land as per their respective shares, all the family members have filed their respective declarations before the respondent No.2. So far as declaration of the petitioner is concerned, it was numbered as C.C.No.G1/128/1987 and an extent of 46190.95 sq. meters was treated as vacant land in Sy.Nos.55, 56, 60, 650 and 651. After deleting 1000 sq. meters, for which the petitioner was entitled to, the respondent No.2 declared an extent 45190.95 sq. meters as vacant land. The declaration of the mother of the petitioner, namely, Narsamma, was dealt with separately and the vacant land was determined as 15396.97 sq. meters in file C.C.No.G1/129/ 1987.

(3.) In the initial counter filed by the respondent No.2, it is stated that the writ petition is filed more than 25 years after Urban Land proceedings culminated into taking over of the surplus land on 20/5/1994 by the Enquiry Officer as per the directions of the respondent No.2 and the same was handed over to the Mandal Revenue Officer for safe custody. The writ petition is barred doctrine of laches. The proceedings in CC.No.G1/28/87 have become final as there was no appeal or writ petition filed. The petitioner filed declaration in Form-I under Sec. 6(1) of the ULC Act declaring the following lands: