IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20252 of 2008 Between: Mrs. Yasmeen Afshan Khan, W/o. Mr. Mashkhoor Anwar Khan, H.No. 8-2-311/G, Road No. 10, Banjara Hills, Hyderabad, Rep by her General Power of Attorney Dr. Maaz Anwar Khan, S/o. Mr. Mashkhoor Anwar Khan, Aged about 30 years, Banjara Hills, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Revenue Department, Rep by its Principal Secretary, Secretariat, Hyderabad. 2 The Special Officer & Competent Authority Urban Land Ceiling, Chandra Vihar, Mozamjahi Market, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st and 2nd respondents issuing notice No. E2/7-2007 proceedings or notice dated 7th August 2008 under repeal enactment, for which this petitioner is not a party for the land covered in Survey No. 129/54 is illegal & arbitrary, without jurisdiction and unsustainable in law opposes the public policy and violates Articles 19(1)(g) of the constitution of India and consequently declare that the scheduled premises bearing No. 8-3-316/A/3, H.No. 311/G, Road No. 10, Banjara Hills, Hyderabad is not coming with in the purview of Urban Land Ceiling act and the said premises is within the holding of this petitioner and her vendor as per law and pass Counsel for the Petitioner:MS.G.SUDHA Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: This writ petition is ﬁled by the petitioner challenging the impugned notice dated 07-08-2008 directing her to ﬁle an application under G.O.Ms.No.747 dated 18-06-2008 for regularization of the unauthorized constructions made by her in the surplus lands. It is the case of the petitioner that she is the owner of the premises bearing No.8-2-311/G, Banjara Hills, Hyderabad, having purchased on 30-08-1997 under the registered sale deed No.1869 of 1997 for valuable consideration. While so, the impugned notice was issued by the second respondent under Urban Land Ceiling Act, 1976 (for short ‘the Act’) alleging that the said land in Sy.No.129/54, Banjar Hills, Shaikpet Village, Hyderabad District, is a Government land and that she has to get the same regularized as per G.O.Ms.No.747 dated 18-06-2008 or else the respondents would take over the possession of the land. To the said notice, it is stated that the petitioner had submitted a detailed explanation stating that the land possessed by her is not covered by the provisions of the Act and, therefore, there is no need to ﬁle application under G.O.Ms.No.747 dated18-06-2008 seeking regularization of her possession. The petitioner’s grievance is that the respondents are trying to dispossess her from the premises in question without considering her explanation. Hence, the petitioner has come up with the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. Since it is the contention of the petitioner that the land in question is not covered by the provisions of the Act and had submitted a detailed explanation dated 30-08-2008 pursuant to the impugned notice dated 07-08-2008, without going into the merits of the case, the writ petition is disposed of directing the respondents to consider the explanation submitted by the petitioner and pass appropriate orders in accordance with law. Till then, status quo obtaining as on today shall be maintained by the parties as regards possession of the land in question. Accordingly, the writ petition is disposed of. No order as to costs. __________________ N.V.RAMANA,J Dt:17-09-2008 Usd To 1 The Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Special Officer & Competent Authority Urban Land Ceiling, Chandra Vihar, Mozamjahi Market, Hyderabad. 3 Two CCs to GP for Revenue, High Court Buildings, Hyderabad (OUT). 4 Two CD copies.