Telangana High Court
WP/27200/2006 of Sri Sama Bala Krishna Reddy, Vs The Special Officer and Competent Authority, on 29 December 2006
SRI JUSTICE V.V.S.RAO WRIT PETITION No.27200 of 2006 Dated: 29-12-2006 Between: Sri Sama Bala Krishna Reddy and others. ..... PETITIONERS AND The Special Officer and Competent Authority, ULC, Hyderabad. .....RESPONDENT THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.27200 of 2006
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Conclusion
THE HON'BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.27200 of 2006
Between:
Dated: 29-12-2006
Sri Sama Bala Krishna Reddy and others.
AND
.....PETITIONERS
The Special Officer and Competent Authority, ULC, Hyderabad.
.....RESPONDENT
THE HON’BLE SRI JUSTICE V.V.S. RAOWRIT PETITION No.27200 of 2006
ORDER:
This writ petition is filed seeking a writ of Mandamus directing therespondent, namely, the Special Officer and Competent Authority,Urban Land Ceiling (ULC), Hyderabad, to furnish certified copies of thedocuments requested by the petitioners in their application dated08.11.2006.
The case of the petitioners, as alleged in the affidavitaccompanying the writ petition, is as follows.
The joint family of Laxma Reddy and his four sons i.e., petitioners1 to 3 and father of petitioners 4 and 5, allegedly owned landadmeasuring Acs.7.21 guntas in survey Nos.2 to 6, 17, 20, 20/1 and121 situated at Badangpet Village, Hayathnagar Taluq, SaroornagarMandal, Ranga Reddy District. After death of Laxma Reddy on28.10.2000, the petitioners allegedly partitioned the property eachgetting an extent of Ac.1.30 guntas as their respective share. Itappears that late Laxma Reddy filed a declaration under the provisionsof the Urban Land (Ceiling and Regulation) Act, 1976 (the Act, forbrevity), and by proceedings No.J/7560/1976, the respondent declaredLaxma Reddy as surplus holder of vacant land in Hyderabadagglomeration. The petitioners allege that such view is erroneous asthe Act has no application to the lands situated in the said Village andthat there was no master plan. The petitioners also contend that as perthe orders in G.O.Ms.No.733 dated 31.10.1988, all the four sons ofLaxma Reddy are entitled for family holdings and the same was notconsidered by the respondent. Be that as it is, they made anapplication to the respondent requesting for certified copies of theorders/proceedings issued under Sections 8(1), 8(4), 9(1), 10(3) and10(5) of the Act. Alleging that there is no response from therespondent, they filed instant writ petition.
After getting instructions, the learned Assistant GovernmentPleader for Revenue (ULC) does not dispute that the application of thepetitioners dated 08.11.2006 is pending. As seen from the applicationmade by the petitioners, they also requested for certified copies of theGazette notification. When once the order or proceedings/minutes ofthe Government or Public Authority are gazetted, they themselves arepublic documents and there is no necessity again to issue certified copies of the same. Insofar as other orders are concerned, therespondent, as submitted by the learned Assistant GovernmentPleader, would furnish the copies after verifying the records.
The writ petition, with the above observations, is accordinglydisposed of observing that the respondent should consider theapplication of the petitioners dated 08.11.2006 and issue certifiedcopies of the documents except the gazette copies after collectingusual charges within a period of four weeks from the date of receipt ofa copy of this order. If for any reason, the certified copies cannot beissued, a reasoned order may be passed. No costs.
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(V.V.S.RAO, J)
29[th] December, 2006ghn