THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.15947 OF 2008 DATED 14TH FEBRUARY, 2011 BETWEEN V.Madhu …Petitioner And The Government of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat Building, Secretariat, Hyderabad, and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.15947 OF 2008 O R D E R This writ petition is filed against the proceedings dated 05.03.2007 of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, under Sections 8(4) and 9 of the Urban Land (Ceiling and Regulation) Act, 1976 (for brevity, ‘the Act of 1976’) and the consequential notice and proceedings under Sections 10(5) and 10(6) of the said Act respectively. This Court, by order dated 24.07.2008, directed status quo obtaining as on that date to be maintained by both the parties. This Court earlier dealt with the issue arising in the present writ petition in ABDUL SAYEED V/s. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, HYDERABAD[1]. The petitioner claims title to the premises bearing House No.8-2-311/G/1, Road No.14, Banjara Hills, Hyderabad, comprising 455 square yards of land along with building, through one Smt.Batul Fatima. Admittedly, proceedings against Smt.Batul Fatima in respect of her excess holdings under the Act of 1976 were initiated by issuance of a notice under Section 6(2) thereof on 21.09.2006. As she failed to respond, the authorities proceeded in the matter under the Act of 1976 and issued the impugned proceedings. Relevant to note, Smt.Batul Fatima died on 03.01.2000, long prior to the initiation of proceedings against her under the Act of 1976. That being so, the proceedings initiated against a dead person were void in their very inception. The consequential proceedings, including the notice and proceedings under Sections 10(5) and (6) respectively of the Act of 1976, founded on such void proceedings are equally unsustainable irrespective of whether or not the possession of land was taken. The Writ Petition is accordingly allowed setting aside the proceedings in C.C.No.E2/70/CC/07 dated 05.03.2007 including the orders and notices under Sections 8(4), 9, 10(5) and 10(6) of the Act of 1976. In the circumstances, there shall be no order as to costs. ---------------------------- SANJAY KUMAR, J. 14TH FEBRUARY, 2011. PGS/VGSR [1] W.P.Nos.18751/2008 & batch, dated 09.02.2011