Telangana High Court
WP/27864/2005 of Smt.B.Prabhavathi, Vs The Special Officer and Competent Authority, on 29 December 2005
SRI JUSTICE V. ESWARAIAH WRIT PETITION No.27864 OF 2005 Dated: 29-12-2005 Between B. Prabhavathi, W/o. B. Venkata Rao, R/o. R. Agraharam, Guntur and another. …PETITIONERS AND The Special Officer and Competent Authority, Urban Land Ceiling, Guntur. …RESPONDENT ORDER: The
THE HONOURABLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION No.27864 OF 2005
Dated: 29-12-2005
Between
B. Prabhavathi, W/o. B. Venkata Rao,
R/o. R. Agraharam, Guntur and another.
…PETITIONERS
AND
The Special Officer and Competent Authority, Urban Land Ceiling, Guntur.
…RESPONDENT
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ORDER:
The petitioners seek a direction to the respondent to consider their representation dated29.10.2005 in the light of the instructions or guidelines issued by the Government of India,Ministry of Urban Affairs and Employment (Department of Urban Development) NirmanBhavan, New Delhi, dated 21.05.1997 in No.3/1/97 UCU(2) and as per the judgment of theSupreme Court reported in 2003(5) ALD page 487 as per law by declaring the inaction ofthe respondent in not considering the representation of the petitioner as illegal and arbitrary.
The learned counsel for the petitioners submits that the father of the petitioners filed astatement under Section 6(1) of the Urban Land (Ceiling Act and Regulation) Act (for short‘the Act’) in ULC.No.115/81/C declaring the properties held by the petitioners family and thepetitioners were majors as on the date of the commencement of the Act. While so, the respondent published notification under Section 10(1) of the Act notifying the excess landand ceiling for the ground status. After publication of the memo dated 20.10.2005 forverifying the ground status according to the notification under Section 10(1) for determiningthe lands of the petitioners as surplus, the petitioners filed a claim petition on 29.10.2005requesting the respondent to consider their case for allotment of share as per theinstructions issued by the Government of India in letter No.3/1/97-UCU(2) dated 21.05.1997and the same is pending.
Without going into the merits of the case and the other contentions of the petitioners, thisCourt considers it just and proper to direct the respondent to consider the representation ofthe petitioners dated 29.10.2005 within a period of eight weeks from the date of receipt of acopy of this order in accordance with law after giving reasonable opportunity to thepetitioners.
Accordingly the writ petition is disposed of. No costs.
______________V. ESWARAIAH, J