WP/22077/2009 of R.C. Misra, Vs The State of Andhra Pradesh, on 31 December 2013

O R D E R:

This writ petition, under Article 226 of the Constitution of India,is filed for the following relief:

“to issue a Writ, Order or direction, more particularly one inthe nature of Writ of Mandamus, declaring the proceedingsinitiated by the 2[nd] Respondent, against the dead person, LateMallaiah, in File No.F1/3272/6(1)/06 under Sections 6 to 10 ofUrban Land (Ceiling & Regulation) Act, 1976, in so far as itrelates to the lands in Sy.Nos.30 & 31-P, situated at GuttalaBegumpet village accounts, Serilingampally Mandal &Municipality, Ranga Reddy District, as void abinitio, withoutjurisdiction, illegal, unconstitutional and violative of theprinciples of natural justice, and consequently restrain theRespondents from in any way interfering with the peacefulpossession and enjoyment of the Petitioner of an extent of400 sq. yds in Plot No.1 in Sy Nos.30 & 31-P situated atGuttala Begumpet village covered vide Sale Deed DocumentNo.2350 of 1998 dt. 28.3.1998, and with all otherconsequential benefits.”

2. The case of the petitioner, as per the pleadings in the affidavitfiled in support of the writ petition, is as under:

3. One Col. Cox was the owner and pattadar of the landsadmeasuring Ac.2.13 gts in Sys.Nos.30 and 31 of Guttala Begumpetvillage and some time in the year 1954, the said Col. Cox sold the saidlands to one Erram Mallaiah, son of Pochaiah, and pursuant to thesaid sale, the name of Erram Mallaiah was mutated in all the revenuerecords as the owner and pattadar of the said lands and he continuedto be so till the year 1972 i.e., the year which is believed to be his year

of death. The legal representatives of the said late Erram Mallaiah, byvirtue of his sale deed dated 08.02.1996 through their General Powerof Attorney sold an extent of 1000 sq. yards in favour of P.JagannathaReddy and the said Jagannatha Reddy sold 400 yards, a part of Plotbearing H.No.2-88/3 in Sy.Nos.30 and 31 part of Guttala BegumpetVillage, Serilingampally Mandal and municipality in favour of thepetitioner herein by way of a registered sale deed vide DocumentNo.2350/1998 dated 28.03.1998. The said P.Jagannatha Reddy soldthe remaining land in Plot No.1 in favour of Sri P.Vijaya Jyothi,petitioner in W.P.No.23634/2009. In the said sale deed dated08.02.1996, executed in favour of the petitioner’s vendor, it wasspecifically mentioned that the land admeasuring Ac.2-13 gts of hisvendors i.e., the legal representatives of late Erram Mallaiah wereexempted from the provisions of the Urban Land (Ceiling andRegulation) Act, 1976 (hereinafter called ‘the Act’) as per the ordersissued by the Government of Andhra Pradesh in G.O.Ms.No.733,Revenue Department, dated 31.10.1988. On an application made bythe petitioner on 17.06.1998 to the Commissioner, SerilingampallyMunicipality, enclosing a copy of the registered sale deed dated28.03.1998, the Commissioner, Serilingampally Municipality, videproceedings No.A/177/98, dated 30.10.1998, effected mutation in thename of the petitioner herein and ever since the petitioner has been inpossession and enjoyment of the property to the knowledge of one andall including the respondents herein. The second respondent/SpecialOfficer and Competent Authority, despite the protection granted by theGovernment of Andhra Pradesh vide G.O.Ms.No.733, Revenue, dated31.10.1998 and G.O.Ms.No.280, M.A, dated 01.06.1989, decided toapply the provisions of the Act in respect of the land admeasuringAc.2-13 gts situated in Sy.Nos.30 and 31 of Guttala Begumpet village. On the instructions of the second respondent, Special Officer andCompetent Authority, the enquiry officer submitted a report, asking thesecond respondent to issue notice to the pattadar under Section 6 (2)

of the Act. Thereafter, the Special Officer and Competent Authority, thesecond respondent herein, issued a notice No.F1/3272/6(1)/06, dated06.02.2006, under Section 6 (2) of the Act in the name of SriN.Mallaiah, asking him to file the statement in Form-I on or before24.02.2006 along with a petition for condoning the delay with reasonsthereon. The second respondent/Special Officer and CompetentAuthority directed the Enquiry Officer to serve the said notice to theaddressee and by virtue of a letter No.F1/3272/6(1)/06 dated04.03.2006, the Enquiry Officer reported to the Special Officer that heconducted panchanama on the lands in Sy.Nos.30 and 31 and thepanchas said that the pattadar is not residing in the village and hislegal representatives are also not residing and that he pasted thenotice on the stone of the said land and also on the Notice Board of theWard Office before the Panchas. Eventually, in the said report dated04.03.2006, the Special Enquiry Officer recommended to initiateproceedings under the Act. On the said report dated 04.03.2006 of theSpecial Enquiry Officer, the second respondent herein mechanicallyissued orders in proceedings No.3272/6(1)/06, dated 25.03.2006,issuing draft statement under Sections (8) (1) and Section 8 (3) of theAct calling for objections, if any, within 30 days despite the death of thepattadar. On the ground that no objections were received, the SpecialOfficer and Competent Authority vide proceedings No.F1/3272/6(1)/06,dated 04.05.2006, issued final statement under Section 9 of the Act. The Special Enquiry Officer, Urban Land Ceiling, Hyderabad, videreport No.F1/3270/6(1)/06 dated 15.02.2006 informed the secondrespondent that the pattadar died long back and his legalrepresentatives are not residing in the Guttala Begumpet village. Inthe said report dated 15.05.2006, the Special Enquiry Officer alsostated that he conducted panchanama and pasted the copy of theorder dated 04.05.2006 in the above land as well as in the village wardoffice before the panchas. In spite of the said report wherein the deathof original pattadar was clearly indicated by the Special Enquiry Officer, the second respondent/Special Officer and CompetentAuthority published notification in the A.P. Gazette No.351 underSections 10 (1), 10 (2) and 10 (3) of the Act on 08.11.2006. Contending that the said action on the part of the respondents ininitiating and concluding the proceedings under the Act against a deadperson contrary to the provisions of the enactment as being illegal,arbitrary, null and void and contending that the said initiation andcompletion of the proceedings is not permissible in view of the ordersof the Government of Andhra Pradesh in G.O.Ms.No.733, Revenue,dated 31.10.1008 and G.O.Ms.no.280, MA, dated 01.06.1989, thepresent writ petition has been filed.

4. This Court, while admitting the writ petition on 14.10.2009, inWPMP.No.28675/2009, granted orders of status quo.

5. A vacate application in WVMP.No.816/2013 is filed by therespondents 1 and 2 in the writ petition supported by a counter affidavitcontending inter alia that the enquiry caused in the subject materreveals that the pattadar of the land bearing No.30 and 31 of GuttalaBegumpet sold out the property after commencement of the Act, assuch, the sale effected is void as per Section 5 (3) of the Act and thatafter following the due procedure as per rule 5 (2)(c) of the Act andduly conducting panchanama on 28.03.2006 and in the absence ofany objections received, final orders under Section 8 (4) of the Actwere issued on 04.05.2006 determining Sri N.Mallaiah as a surplusland owner to an extent of 8407.51 sq. Mtrs. It is further stated in thecounter that the final orders and statement under Section 9 of the Actwere served as per Rule 5 (2) (c) of the Act by holding panchanama bythe enquiry officer of the office. The counter further states that anotification under Section 10 (1) of the Act was issued and the samewas published in A.P. Gazettee No.351 dated 08.11.2006, calling forobjections and neither the petitioner nor any interested persons hadfiled their objections within the stipulated period and as a resultdeclaration under Section 10 (3) of the Act was issued which was published in A.P. Gazettee No.396, dated 05.12.2006, which resultedin vesting of the land absolutely with the Government with effect from12.12.2006.

Counter further states that a notice under Section 10 (5) of theAct was issued on 01.03.2007 followed by orders under Section 10 (6)of the Act on 11.03.2008 and eventually possession was taken over bythe Government on 11.03.2008, as such, the proceedings under thePrincipal Act are saved. It is further stated that the subject area is acore area as such the extension of benefit under G.O.Ms.No.733 doesnot arise and that writ petitioner does not have any title over the landsand being the third party occupant, he cannot question theproceedings under the Act and that the petitioner has no locus standito challenge the proceedings. It is further stated in the counter that theland bearing Sy.Nos.30 and 31 admeasuring 8407.51 sq. mtrs situatedat Guttala Begumpet village is declared as surplus vested with theGovernment vide Gazette No.396, dated 05.12.2006, and theGovernment issued policy guidelines vide G.O.Ms.No.455, Revenue,dated 29.07.2002 and G.O.Ms.No.747, dated 18.06.2008, to allot theland to the third party occupants of the surplus land and the petitionerhas not availed the opportunity available under the said Governmentalorders and has not applied for relaxation. The counter further statesthat as many as 22 occupants filed applications for relaxation of theirpossession to an extent of 9291.27 sq. Mtrs and out of the aboveextent an extent of 4477.81 sq. mtrs has already been regularised andthe applications for relaxation of 4819.46 sq. mtrs is pendingconsideration and that the petitioner herein has not filed anyapplication for regularisation.

Pleading in the manner stated above, it is prayed by therespondents herein to dismiss the writ petition.

6. Heard Sri V.Jagapathi, learned counsel for the petitioner and thelearned Government Pleader for Revenue for the respondents andperused the material available on record.

7. It is contended by the learned counsel for the petitioner that theimpugned proceedings starting from Section 6 to Section 10 of the Actare null and void, without jurisdiction, illegal, unsustainable andviolative of principles of natural justice. It is further contended by thelearned counsel that since the impugned proceedings were issuedagainst a dead person, the same are non est in the eye of Law. It isalso the contention of the learned counsel for the petitioner that thesubject property falls underperipheral area, as such, the subject landis exempted from the provisions of the Act in view of the orders of theGovernment of Andhra Pradesh in G.O.Ms.No.733, RevenueDepartment, dated 31.10.1988 and the furthers instructions of theGovernment vide G.O.Ms.No.280, M.A, dated 01.06.1989. It is also thecontention of the learned counsel for the petitioner that the entireproceedings did take place behind the back of the interested personsand the persons in possession of the property. It is further contendedby the learned counsel for the petitioner that no notices as stipulatedunder the mandatory provisions of the legislation were issued to theaffected parties.

8. The learned counsel for the petitioner, to bolster his submissionsand contentions, places reliance on the judgment of this Court inKOTHURU BABU SURENDRA KUMAR (DIED) AND OTHERSVs.SPECIAL OFFICER AND COMPETENT AUTHORITY, ULC,[1]VIJAYAWADA AND OTHERS,Y.SRI RAMA KRISHNAIAH Vs.SPECIAL OFFICER AND COMPETENT AUTHORITY, URBAN[2]LAND CEILING, VIJAYAWADA & OTHERS, M/S. L.S. & CO. Vs.[3]STATE OF A.Pand unreported judgment of this Court inWP.No.4064/2010, dated 04.03.2010.

9. Per contra, reiterating the contents of the counter affidavit, it isstrenuously argued by the learned Government Pleader that GuttalaBegumpet area, where the subject land is situated, is a core area, assuch, the subject land is not exempted from the operation of the Act and no exemption can be claimed in the light of G.O.Ms.No.733,Revenue Department, dated 31.10.1988 and G.O.Ms.No.280, MA,dated 01.06.1989. It is also submitted by the learned GovernmentPleader that the petitioner herein purchased the property in the year1996 and the said transaction is null and void in view of the provisionsof sub-Section (3) of Section 5 of the Act. It is further argued by thelearned Government Pleader that the authorities conducted theproceedings by strictly and scrupulously adhering to the mandatoryprovisions of the Act. In support of the contentions, the learnedGovernment Pleader places reliance on the judgment of this court inthe case of PARCHURI RATNAKAR RAO Vs. STATE OF A.P. ANDOTHERS[[4]].

It is also contended by the learned Government Pleader that thenotification under Section 10 (1) of the Act was issued and publishedin A.P. Gazette No.351,dated 08.11.2006,calling for objections fromthe interested persons, but the petitioner did not file any objections andthat the petitioner has not filed any application for regulation in terms ofthe orders in G.O.Ms.No.455, Revenue (UC-I) Department, dated29.07.2002 and G.O.Ms.No.747, Revenue (UC-I) Department, dated18.06.2008.

10. The legislation which is germane and relevant for the purpose ofresolving the controversy in the present writ petition is the Urban Land(Ceiling and Regulation) Act, 1976. The Government of India enactedthis legislation to provide for imposition of a ceiling on vacant land inurban agglomeration and for the acquisition of such land in excess ofceiling limit and to regulate the construction of buildings on such landand for the matters connected therewith with an intention to preventconcentration of urban land in the hands of a few persons andspeculations and profiteering therein and with a view to bring about anequitable distribution of land in urban agglomeration to sub-serve thecommon good. The provisions of the said legislation which arerelevant for the present case are Sections 5, 6, 8, 9 and 10 of the act, which read as under:

“5.Transfer of vacant land:-

(1) In any State to which this Act applies in the firstinstance,where any person who had held vacant landin excess of the ceiling limit at any time during theperiod commencing on the appointed day and endingwith the commencement of this Act, has transferredsuch land or part thereof by way of sale, mortgage',gift, lease or otherwise, the extent of the land sotransferred shall also be taken into account incalculating the extent of vacant land held by suchperson and the excess vacant land in relation to suchperson shall, for the purposes of this Chapter, beselected out of the vacant land held by him after suchtransfer and in case the entire excess vacant landcannot be so selected, the balance, or, where novacant land is held by him after the transfer, the entireexcess vacant land, shall be selected out of thevacant land held by the transferee: Provided thatwhere such person has transferred his vacant land tomore than one person, the balance, or, as the casemay be, the entire excess vacant land aforesaid, shallbe selected out of the vacant land held by each of thetransferees in the same proportion as the area of thevacant land transferred to him bears to the total areaof the land transferred to all the transferees.instance,where any person who had held vacant landin excess of the ceiling limit at any time during theperiod commencing on the appointed day and endingwith the commencement of this Act, has transferredsuch land or part thereof by way of sale, mortgage',gift, lease or otherwise, the extent of the land sotransferred shall also be taken into account incalculating the extent of vacant land held by suchperson and the excess vacant land in relation to suchperson shall, for the purposes of this Chapter, beselected out of the vacant land held by him after suchtransfer and in case the entire excess vacant landcannot be so selected, the balance, or, where novacant land is held by him after the transfer, the entireexcess vacant land, shall be selected out of thevacant land held by the transferee: Provided thatwhere such person has transferred his vacant land tomore than one person, the balance, or, as the casemay be, the entire excess vacant land aforesaid, shallbe selected out of the vacant land held by each of thetransferees in the same proportion as the area of thevacant land transferred to him bears to the total areaof the land transferred to all the transferees.

(2) Where any excess vacant land is selected out of thevacant land transferred under sub- section (1), thetransfer of the excess vacant land so selected shallbe deemed to be null and void.vacant land transferred under sub- section (1), thetransfer of the excess vacant land so selected shallbe deemed to be null and void.

(3) In any State to which this Act applies in the firstinstance and in any State which adopts this Act underclause (1) of article 252 of the Constitution, no personholding vacant land in excess of the ceiling limitimmediately before the commencement of this Actshall transfer any such land or part thereof by way ofsale, mortgage, gift, lease or otherwise until he hasfurnished a statement under section 6 and anotification regarding the excess vacant land held byhim has been published under sub- section (1) ofinstance and in any State which adopts this Act underclause (1) of article 252 of the Constitution, no personholding vacant land in excess of the ceiling limitimmediately before the commencement of this Actshall transfer any such land or part thereof by way ofsale, mortgage, gift, lease or otherwise until he hasfurnished a statement under section 6 and anotification regarding the excess vacant land held byhim has been published under sub- section (1) of section 10; and any such transfer made incontravention of this provision shall be deemed to benull and void.

6. Persons holding vacant land in excess of ceilinglimit to file statement:-

(1) Every person holding vacant land in excess of theceiling limit at the commencement of this Act shall,within such period as may be prescribed, file astatement before the competent authority havingjurisdiction specifying the location, extent, value andsuch other particulars as may be prescribed of allvacant lands and of any other land on which there isa building, whether or not with a dwelling unit therein,held by him (including the nature of his right, title orinterest therein) and also specifying the vacant landswithin the ceiling limit which he desires to retain:ceiling limit at the commencement of this Act shall,within such period as may be prescribed, file astatement before the competent authority havingjurisdiction specifying the location, extent, value andsuch other particulars as may be prescribed of allvacant lands and of any other land on which there isa building, whether or not with a dwelling unit therein,held by him (including the nature of his right, title orinterest therein) and also specifying the vacant landswithin the ceiling limit which he desires to retain:

Provided that in relation to any State to which this Actapplies in the first instance, the provisions of this sub- sectionshall have effect as if for the words" Every person holdingvacant land in excess of the ceiling limit at the commencementof this Act", the words, figures and letters" Every person whoheld vacant land in excess of the ceiling limit on or after the 17thday of February, 1975 and before the commencement of this Actand every person holding vacant land in' excess of the ceilinglimit at such commencement" had been substituted.

Explanation:- In this section," commencement of thisAct" means,-

(i) the date on which this Act comes into force in anyState;

(ii) where any land, not being vacant land, situated in aState in which this Act is in force has become vacantland by any reason whatsoever, the date on which suchland becomes vacant land;

(iii) where any notification has been issued under clause(n) of section 2 in respect of any area in a State in whichthis Act is in force, the date of publication of suchnotification.

(2) If the competent authority is of opinion that- (a)in any State to which this Act applies in the firstinstance, any person held on or after the 17th dayof February, 1975 and before the commencementof this Act or holds at such commencement; or

(b) in any State which adopts this Act underclause (1) of article 252 of the Constitution, anyperson holds at the commencement of this Act,vacant land in excess of the ceiling limit, then,notwithstanding anything contained in sub-section (1), it may serve a notice upon suchperson requiring him to file, within such period asmay be specified in the notice, the statementreferred to in sub- section (1).

(3) The competent authority may, if it is satisfied that it isnecessary so to do, extend the date for filing thestatement under this section by such further period orperiods as it may think fit; so, however, that the period orthe aggregate of the periods of such extension shall notexceed three months.

(4) The statement under this section shall be filed,- (a)in the case of an individual, by the individualhimself; where the individual is absent from India,by the individual concerned or by some personduly authorised by him in this behalf; and wherethe individual is mentally incapacitated fromattending to his affairs, by his guardian or anyother person competent to act on his behalf; (b)in the case of a family, by the husband or wifeand where the husband or wife is absent fromIndia or is mentally incapacitated from attending tohis or her affairs, by the husband or wife who isnot so absent or mentally incapacitated and whereboth the husband and the wife are absent fromIndia or are mentally incapacitated from attendingto their affairs, by any other person competent toact on behalf of the husband or wife or both;

(c) in the case of a company, by the principalofficer thereof; (d)in the case of a firm, by any partner thereof; (e)in the case of any other association, by anymember of the association or the principal officerthereof; and (f)in the case of any other person, by that personor by a person competent to act on his behalf.

Explanation:- For the purposes of this sub- section,"principal officer",-

(i) in relation to a company, means the secretary,manager or managing- director of the company;

(ii) in relation to any association, means thesecretary, treasurer manager or agent of theassociation, and includes any person connectedwith the management of the affairs of the companyor the association, as the case may be, uponwhom the competent authority has served a noticeof his intention of treating him as the principalofficer thereof.

8. Preparation of draft statement as regards vacantland held in excess of ceiling limit.

(1) On the basis of the statement filed under section6 and after such inquiry as the competent authoritymay deem fit to make the competent authorityshall prepare a draft statement in respect of theperson who has filed the statement under section6.

(2) Every statement prepared under sub- section (1)shall contain the following particulars, namely:-

(i) the name and address of the person;

(ii) the Particulars of all vacant lands and ofany other land on which there is a building,whether or not with a dwelling unit therein,held by such person;

(iii) the particulars of the vacant landswhich such person desires to retain withinthe ceiling limit;

(iv) the particulars of the right, title orinterest of the person in the vacant lands;and

(v) such other particulars as may beprescribed.

(3)

The draft statement shall be served in suchmanner as may be prescribed on the personconcerned together with a notice stating that any objection to the draft statement shall be preferredwithin thirty days of the service thereof.

(4) The competent authority shall duly consider any objection received, within the period specified inthe notice referred to in sub- section (3) or withinsuch further period as may be specified by thecompetent authority for any good and sufficientreason, from the person on whom a copy of thedraft statement has been served under that sub-section and the competent authority shall, aftergiving the objector a, reasonable opportunity ofbeing heard, pass such orders as it deems fit.

9. Final statement.

After the disposal of the objections, if any, received undersub- section (4) of section 8, the competent authorityshall make the necessary alterations in the draftstatement in accordance with the orders passed on theobjections aforesaid and shall determine the vacant landheld by the person concerned in excess of the ceilinglimit and cause a copy of the draft statement as soaltered to be served in the manner referred to in sub-section (3) of section 8 on the person concerned andwhere such vacant land is held under a lease, or amortgage, or a hire- purchase agreement, or anirrevocable power of attorney, also on the owner of suchvacant land.

10. Acquisition of vacant land in excess of ceilinglimit.

(1) As soon as may be after the service of thestatement under section 9 on the personconcerned, the competent authority shall cause anotification giving the particulars of the vacantland held by such person in excess of the ceilinglimit and stating that-

(i) such vacant land is to be acquired by theconcerned State Government; and

(ii) the claims of all persons interested insuch vacant land may be made by thempersonally or by their agents givingparticulars of the nature of their interests insuch land, to be published for theinformation of the general public in theOfficial Gazette of the State concerned and in such other manner as may beprescribed.

(2) After considering the claims of the personsinterested in the vacant land, made to thecompetent authority in pursuance of thenotification published under sub- section (1), thecompetent authority shall determine the natureand extent of such claims and pass such ordersas it deems fit.]

(3) At any time after the publication of thenotification under sub- section (1), the competentauthority may, by notification published in theOfficial Gazette of the State concerned, declarethat the excess vacant land referred to in thenotification published under sub- section (1) shall,with effect from such date as may be specified inthe declaration, be deemed to have beenacquired by the State Government and upon thepublication of such declaration, such land shallbe deemed to have vested absolutely in the StateGovernment free from all encumbrances witheffect from the date so specified.

(4) During the period commencing on the date ofpublication of the notification under sub- section(1) and ending with the date specified in thedeclaration made under sub- section (3)--

(i) no person shall transfer by way of sale,mortgage, gift, lease or otherwise anyexcess vacant land (including any partthereof) specified in the notificationaforesaid and any such transfer made incontravention of this provision shall bedeemed to be null and void; and

(ii) no person shall alter or cause to bealtered the use of such excess vacant land.

(5) Where any vacant land is vested in the StateGovernment under sub- section (3), thecompetent authority may, by notice in writing,order any person who may be in possession of itto surrender or deliver possession thereof to theState Government or to any person dulyauthorised by the State Government in this behalfwithin thirty days of the service of the notice.

(6) If any person refuses or fails to comply with anorder made under sub- section (5), the competentauthority may take possession of the vacant landor cause it to be given to the concerned StateGovern- ment or to any person duly authorised bysuch State Government in this behalf and may forthat purpose use such force as may benecessary. Explanation.- In this section, in sub-section (1) of section 11 and in sections 14 and23," State Government", in relation to- (a)any vacant land owned by the CentralGovernment, means the CentralGovernment; (b)any vacant land owned by any StateGovernment and situated in a Unionterritory or within the local limits of acantonment declared as such undersection 3 of the Cantonments Act, 1924 , (2of 1924 .) means that State Government.”

10. As per the provisions of Section 5 of the Act there is a prohibitionon the transfer of vacant land in excess of ceiling limit and the saidprovision renders such transaction null and void. Section 6 of the Actimposes obligation on the person holding vacant land in excess of theceiling limit at the time of commencement of the Act to file a statementbefore the competent authority and Section 6 (2) of the Act empowersthe competent authority to serve a notice upon the person holdingvacant land in excess of the ceiling limit, requiring him to file statementas per Sub-section (1) of Section 6 of the Act. Section 8 of the Actdeals with the preparation of draft statement with regard to vacant landheld in excess of the ceiling limit. The said provision of law obligatesthe competent authority to prepare a draft statement on the basis of thestatement filed under Section 6 of the Act after holding enquiry. Sub-Section (3) of Section 8 of the Act mandates that draft statementshall be served on the concerned person, inviting objections. As per sub-section (4) of Section 8, it is obligatory on the part of the competentauthority to consider the objections received and to pass orders aftergiving the objector a reasonable opportunity of being heard. Section 9

of the Act, which deals with final statement, mandates the competentauthority to pass orders on the objections submitted under Section 8and to determine the vacant land held by the person concerned and toserve the said statement on the person concerned as per theprocedure under sub-Section (3) of Section 8. Section 10 of the Actmandates that after service of statement under Section 9 on the personconcerned, the competent authority shall cause a notification givingparticulars of the vacant land and it also provides for filing claims by allthe persons interested and it also obligates publication of the same inthe official Gazettee. Sub-section (2) of Section 10 obligates thecompetent authority to determine nature and extents of the claims filedunder Section 10 (1) and to pass orders. Sub-section (3) of Section 10stipulates that a notification shall be published by the competentauthority declaring the excess vacant land and the said provisiondeals with vesting of the property with the Government. Sub-sections(5) and (6) of Section 10 of the Act deal with the procedure to takepossession of the excess land.

11. In the light of the above provisions of law, now it is required tosee as to whether the authorities in the instant writ petition conductedthe proceedings in accordance with the above provisions of law andwhether the impugned proceedings, in the light of the submissions andcontentions advanced by the parties to the litigation are sustainable?

12. The material available on record discloses that the legalrepresentatives of the original pattadar, one Sri Mallaiah sold theproperty in favour of one P.Jagannadha Reddy from whom thepetitioner herein purchased the property by way of a registered saledeed dated 28.03.1998 bearing Document No.2350/1998. In theinstant case, the respondent authorities initiated the proceedings in theyear 2006. The Special Enquiry Officer, F Section, Zone III, ULC,Hyderabad, submitted a report No.F1/G’pet/6 (2)/2006, dated04.02.2006, to the Special Officer and Competent Authority, ULC,Hyderabad, stating that a declaration statement under Section 6 (1) of the Act was not filed by the pattadar for Sy.Nos.30 and 31 of GuttalaBegumpet Village, Serlingampally Mandal, Ranga Reddy District andthat the said land stands in the name of Mallaiah/pattadar as on thedate of commencement of the Act. In the said report, the SpecialEnquiry Officer also requested the competent authority to issue noticeunder Section 6 (2) of the Act. In pursuance of the said report dated04.02.2006, the Special Officer and Competent Authority, ULC,Hyderabd issued notice No.F!/3272/6(1)/06, dated 06.02.2006, underSection 6 (2) of the Act, showing the name of the addressee asN.Mallaiah while asking the said addressee to file statement in Form-Ion or before 24.02.2006 along with the petition for condoning the delaywith reasons. Subsequently, vide proceedings No.F1/3272/6(1)/06,dated 04.03.2006, the Special Enquiry Officer,

F Section, Zone III, ULC, Hyderabad, submitted a report saying that heenquired about the pattadar Sri N.Mallaiah for Sy.Nos.30 and 31 ofGuttala Begumpet Village and his enquiry recorded that he is notresiding in the village and his legal representatives are also notresiding in the village and that a notice under Section 6 (2) of the Actcould not be served to the land holders. The said report also statesthat the Special Enquiry Officer conducted the panchanama on thelands and the panchas informed that the pattadar is not residing in thevillage and so also his legal representatives. The said report alsodiscloses that the notice was pasted on the stone of the said land andalso in the notice board of the ward office before the panchas. Thereport further reveals that in the suo motu enquiry held by the enquiryofficer, the villagers informed him that the pattadar already sold thesubject land after the commencement of the Act. Eventually, in thesaid report, the Special Enquiry Officer recommended for initiation ofproceedings under the provisions of the Act. Subsequently, by virtueof proceedings No.F1/3272/6(1)/06 dated 25.03.2006, the SpecialOfficer and Competent Authority, issued a draft statement underSection 8 (1) of the Act and also a notice under Section 8 (3) of the Act, calling for objections within 30 days. Subsequently, on the ground thatno objections were received under Section 8 (3) of the Act, the SpecialOfficer and Competent Authority vide proceedings No.F1/3272/6(1)/06,dated 04.05.2006, confirmed the provisional orders and issued finalstatement under Section 9 of the Act.

13. A significant aspect which needs mention at this juncture is thatthe Special Enquiry Officer, F Section, Zone III, ULC, Hyderabad, videreport No.F/3270/6(1)/06, dated 15.05.2006, informed the SpecialOfficer and Competent Authority that his enquiry revealed that thepattadar/N.Mallaiah died long back and the LRs were not residing inGuttala Begumpet Village. In the said report, the Special EnquiryOfficer also stated that he conducted panchanama and pasted thecopy of the proceedings dated 04.05.2006 in the above said land aswell as the village ward office before the panchas. Subsequently, inspite of the report of the Special Enquiry Officer, dated 15.05.2006,informing the death of original pattadar, the Special Officer andCompetent Authority published notices under sub-Sections (1), (2) and(3) of Section 10 of the Act in the A.P. Gazette, dated 08.11.2006,showing the name of N.Mallaiah once again. The provisions of the Actempowers the State to take possession of the land in excess of theceiling limit notwithstanding the wish of the land owners who arerequired to adhere to the provisions of the Act strictly.

14. Right to property is a constitutional right enshrined under Article300-A of the Constitution of India, which in clear and unequivocalterms mandates that no citizen shall be deprived of his/her propertyexcept in accordance with law. Section 8 (3) of the Act mandates thatthe draft statement shall be served on the person concerned so as toenable him to file objections. In the instant case, even as per therespondents herein no notice was served on the persons concerned. Rule 5 (2) (a) of the Urban Land Ceiling Regulation Rules, 1976framed by the Central Government in exercise of its powers conferredby sub-Section (1) read with sub-Section (2) of Section 46 of the Act

manifestly mandates service of draft statement together with noticereferred in sub-section (3) of Section 8 on the holder of the vacant landand all other persons, so far as may be known, who have, or are likelyto have, any claim to, or interest in the ownership, or possession, orboth, of the vacant lands, by sending the same by registered postaddressed to the person concerned. In the instant case, it is thecategorical case of the petitioner herein that after purchasing theproperty, he submitted an application dated 17.06.1998 to theCommissioner, Serilingampally municipality enclosing a copy of theregistered sale deed dated 28.03.1998 and requested to mutate hisname in the records in respect of the subject property and theCommissioner, Serilingampally effected the said mutation by virtue ofproceedings A/177/98, dated 30.10.1998, and the same was alsoincorporated in the list of demand of the property tax from the year1998-99. In spite of the report of the Special Enquiry Officer dated15.05.2006, informing the death of the pattadar long back, theauthorities proceeded further with the matter and issued furtherproceedings which culminated in issuance of Section 9 statement asalso Gazettee notification under Sections 10 (1) to 10 (3) of the Actshowing the name of the dead person.

15. In the case of KOTHURU BABU SURENDRA KUMAR (DIED)AND OTHERS Vs.SPECIAL OFFICER AND COMPETENTAUTHORITY, ULC, VIJAYAWADA AND OTHERS (supra 1), this Court at paragraph 28 held as under:

“28. What is culled out from the above discussion is that thecompetent authority who has finalised the statement underSection 8(4)of the Act and final statement under Section 9andnotification issued under Section 10(1),10(3)and Section 10(5)ofthe Act failed to follow the mandatory provisions by issuing noticeto the persons likely to be affected viz., the petitioners, who arepurchasers of the above lands and it is also within theirknowledge; and the records also reveal that Smt Tulsamma, the4th and 5th respondent in the writ petitions admitted that she hasno interest in the above lands as she has sold the same to thesociety and the same was also discussed by the competentauthority in his earliest proceedings dated 28-5-1984. In view of the same non-issuance of notice and its service upon theinterested persons is fatal and the entire proceedings and the finalstatement under Section 8(4)of the Act; and the proceedings ofthe second respondent dated 12-4-1990 and the consequentialorders of the first respondent under Section 8(4)and Section 9ofthe Act dated 9-2-1991 and the notification issued underSection 10(1);10(3)and 10(5)of the Act are all of noconsequences and consequently they are declared as non est.The writ petitions are accordingly allowed. There shall be no orderas to costs.”

16. This Court, when the similar question fell for consideration,passed an order in W.P.No.4064/2010, dated 04.03.2010, holding thatthe order passed against a dead person is non est and does not giverise to any legal consequences. In the case of Y.SRI RAMAKRISHNAIAH Vs. SPECIAL OFFICER AND COMPETENTAUTHORITY, URBAN LAND CEILING, VIJAYAWADA & OTHERS(supra 2), this Court held that the notification issued under Section 10(3) without notice to the interested persons is not a valid one and thatthe proceedings issued without adherence to the mandatoryrequirement under Rule 5 (2) are invalid and illegal. In the case of M/S.L.S. & CO. VS. STATE OF A.P (supra 3), this Court categorically heldthat the service of notice upon the interested persons is mandatory.

17. In the present case, in spite of the report of the Special EnquiryOfficer informing the death of the original pattadar, the authoritiesinstead of restraining themselves from proceeding further, issuedfurther proceedings, as such, the impugned proceedings are nonestand cannot sustain for the judicial scrutiny. The contention with regardto entitlement as per G.O.Ms.No.733, dated 31.10.1988 andG.O.Ms.no.280, MA, dated 01.06.1999, this Court holds that exemptionis not available to the land of the petitioner in view of the mapproduced by the learned Government Pleader, which shows thatGuttala Begumpet Village falls in a core area.

18. For the aforesaid reasons and having regard to the mandatoryprovisions of the legislation and the rules framed thereunder, the WritPetition is allowed and the proceedings in File No.F1/3272/6(1)/06 are set aside. Miscellaneous Petitions, if any, shall stand closed. No orderas to costs.

_________________A.V.SESHA SAI,J

Date: 31-12-2013grk

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.22077 of 2009

Dated 31[st] December, 2013

Grk

[1]2000(4) ALD 5962000(4) ALD 596

[2]1989 (1) ALT 481989 (1) ALT 48

[3]1995 (2) A.P.L.J. 3251995 (2) A.P.L.J. 325

[4]2006 (5) ALD 132 (DB)2006 (5) ALD 132 (DB)