KOTHURU BABU SURENDRA KUMAR Vs. SPECIAL OFFICER URBAN LAND CEILING
LAWS(APH)-1999-12-109
HIGH COURT OF ANDHRA PRADESH
Decided on December 27,1999

KOTHURU BABU SURENDRA KUMAR(DIED) Appellant
VERSUS
SPECIAL OFFICER AND COMPETENT AUTHORITY, URBAN LAND CEILING. VIJAYAWADA Respondents

JUDGEMENT

- (1.) In this batch of writ petitions, the question of law and facts are identical and therefore, I am disposing of them by a common order.
(2.) In all the writ petitions filed the petitioners prayed to call for the records in C.C. No.B4 2728/82 on the file of the first respondent and to issue a Writ of Mandamus declaring the impugned orders dated 12-4-1990 of the second respondent and the consequential orders of the first respondent dated 19-2-1991 issued under Section 10(1) and 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976) (for short 'the Act') by the first respondent; and notice dated 28-2-1992 issued under Section 10(5) of the Act, as null and void in so far as the petitioners' lands are concerned.
(3.) The facts, in nutshell in W.P. No.14986 of 1992, are that the petitioner is the owner of the land to an extent of Ac.0-13 cents (625 square yards) out of Ac.1-67 cents in R.S. No.143/2 of Patamata village, which was purchased by his late father under a registered sale deed dated 16-10-1966 from the fourth respondent-Smt. Garikapati Thulsamma and her daughter-Annapurnamma; and ever since his father was in possession and after demise of his father, he was in possession of the property. The remaining extent of Ac.1.54 cents which is an agricultural lands/ was purchased by Marris Stella College Employees Cooperative Building Society, Vijayawada by a registered sale deed dated 14-3-1978. The said society also acquired some other land adjacent to the same and made application . to the Grampanchayat for conversion of use of the land into house plots and for approval o'f lay out including the lands of the petitioner in W.P. No.14986 of 1992. The ysaid proposals were forwarded to the Director of Town Planning, Hyderabad, who approved the lay out vide sanction order dated 28-10-1978 in L.P. No.319 of 1978 as revised in L.R. No.121 of 1978. After sanctioning the lay out the society made the land into plots by laying roads etc., Due to Xfre same, an extent of about 151 yards belongs to the petitioner in W.P. No.14986 'of 1992 was affected in road and the .remaining extent is only.475 square yards.;


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