STATE OF TELANGANA Vs. K.MALA REDDY

JUDGEMENT

(1.) Mr. P.Sridhar Reddy, learned Special Government Pleader attached to the office of the learned Advocate General for the State of Telangana appears for the appellants. Mr. Vivek Jain, learned counsel for the respondents.

(2.) This intra court appeal emanates from order dtd. 13/11/2013, passed by a learned Single Judge by which writ petition viz., W.P.No.886 of 2012, preferred by the respondents has been allowed.

(3.) Facts giving rise to filing of this appeal briefly stated are that father of the respondents - late Ram Reddy, was the owner of land admeasuring Acs.33.21 guntas in various survey numbers situated at Balapoor Village, Saroornagar Mandal, Ranga Reddy District. He filed a declaration under Sec. 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'). In the said proceeding, the order under Sec. 8(1) of the Act was passed on 2/7/1994. Thereafter, final order under Sec. 8(4) of the Act was passed on 3/11/1995 and a statement under Sec. 9 of the Act was issued. The aforesaid order dtd. 3/11/1995 was passed in favour of the respondents by taking into consideration the law laid down by the Supreme Court in Atia Mohammadi Begum v. State of Uttar Pradesh,(1993) 2 SCC 546 wherein it was held that if, on the date of commencement of the Act, lands were not included in the master plan, the same cannot be subsequently included by extension of the master plan to new areas.