IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 1154 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 06/09/2007 in WP NO : 10907 OF 2007 on the file of the High Court.) Between: P.V.Sharada Devi W/o.G.Praveen Reddy R/o. Flat No. 601, Residency Apartments, H.No.1-1-293/A, Ashoknagar, Hyderabad. ..... APPELLANT AND 1 Mohammed Fuad Mirza S/o.Late Major Mohd. Asim Mirza R/o.8-2-401/1, Road No.5, Banjara Hills, Hyderabad. 2 The Government of A.P. Rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyderabad. 3 The Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad. 4 The District Collector, Hyderabad. 5 The Revenue Divisional Officer, Secunderabad. 6 The Mandal Revenue Officer (Tahsildar) Shaikpet Mandal, Hyderabad. .....RESPONDENTS Counsel for the Appellant:MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: MR.C.S.SURYA PRAKASH RAO The Court made the following : ORAL JUDGMENT: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Aggrieved by the order, dated 6.09.2007 made in WP No. 10907 of 2007 by a learned Single Judge of this court, holding that the ﬁrst respondent herein cannot interfere in any manner with the land allotted to the appellant herein by the Government in GO Ms. No. 426 dated 4.4.2007, possession of which was also handed over to her on 22.5.2007 under a panchanama and also directed that the respondents 2 to 6 shall not interfere with the peaceful possession and enjoyment of the ﬁrst respondent in respect of his 1000 Sq. yards, the present Writ Appeal is ﬁled by the 6th respondent in the writ petition. The ﬁrst respondent herein ﬁled the above writ petition seeking to declare the action of the appellant and the respondents 2 to 6 herein in demolishing the compound wall and thereby attempting to dispossess him from the house bearing No.8-2-401/1, Road No.5, Banjara Hills, Hyderabad, without following due process of law as illegal and arbitrary. It is his case that his father was the absolute owner of the property admeasuring 2923.11 Sq. yards, which was declared under Sec.6(1) of the Urban Land Ceiling Act and the Competent Authority passed an order in CC No.E/9068/76 dated 6.9.1986, to the eﬀect that an extent of 1000 Sq. yards was gifted to the ﬁrst respondent. After excluding the said extent of 1000 Sq. Yards, the declarant was holding an extent of 1651.87 Sq. Mts. and the appurtenant land is 500 Sq. Mts. and the additional appurtenant land is 500 Sq. Mts. and the plinth area of the building is 307.73 Sq. Mts. and the vacant surplus land was determined as 344.14 Sq. Mts. Thus it is the case of the ﬁrst respondent herein that he was gifted 1000 Sq. yards, which was recognized by the Special Officer, Urban Land Ceiling. It is case of the Special Oﬃcer - Urban Land Ceiling Authority Government – third respondent herein that neither the ﬁrst respondent nor the original owner has a right over the surplus land to an extent of Ac. 344.14 Sq. Mts. inasmuch as the declarant failed to handover possession of the surplus land to the Government and, therefore, an order under Sec. 10(6) of the Urban Land Ceiling Act was passed on 21.6.1989 authorising the Enquiry Oﬃcer to take possession of the said land and it was handed over to the Mandal Revenue Officer on 23.9.1989. Case of the respondents 1, 4 to 6 herein is that the surplus land of 344.14 Sq. Mts. was allotted to the appellant herein vide orders in GO Ms. No. 426 dated 4.4.2007 and possession of the land was also handed over to her under the cover of panchanama on 22.5.2007. The learned Single Judge, having regard to the submissions, found that the ﬁrst respondent herein has no dispute with regard to the surplus land already taken over by the Government and handed over to the appellant herein and his grievance is that the respondents 2 to 6 herein are interfering with his peaceful possession over 1000 Sq. yards, which is excluded from the holding of his father. Observing so, has passed the impugned order. Aggrieved thereby, the present Writ Appeal is ﬁled by the respondent No.6 in the writ petition inter alia contending that the 1000 Sq. Yards allegedly in possession of the ﬁrst respondent includes 34.14 Sq. Mts. allotted to the appellant herein and, thus, the ﬁrst respondent is not in possession of the 1000 Sq. Yards. Learned counsel for the appellant contended that after due enquiry and following the due procedure, an order came to be passed on 6.9.1986 and consequential declaration under Sec. 10(3) of the Act was also issued on 07.07.1988 and the surplus land vested with the Government with eﬀect from 31.8.1988 and since the declarant – father of the ﬁrst respondent herein has failed to handover possession of the surplus land, an order under Sec. 10(6) of the Act was issued on 21.6.1989 and thus the Mandal Revenue Oﬃcer, has taken possession of the same on 23.8.1989 to an extent of 344.14 Sq. Mts., which was allotted to the appellant herein vide GO Ms. No. 426 dated 4.4.2007 and possession was also handed over to her on 22.5.2007 under panchanama, in recognition of her sport status as an International Badminton player. As can be seen from averments of para 5 of the aﬃdavit ﬁled in support of the writ petition, the oﬃcials of the 6th respondent herein are alleged to have demolished the compound wall of the ﬁrst respondent, which according to him was devolved by way of gift deed executed by his father i.e. the declarant under the Urban Land Ceiling Act. The averment that they have demolished part of the compound wall was denied by the oﬃcial respondent in the counter aﬃdavit. In view of the speciﬁc denial by the respondents in the counter aﬃdavit, we are of the considered view that no cause of action survives in the writ petition. Consequently, the writ appeal is allowed and the writ petition stands dismissed. No order as to cost. ____________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan September 22, 2008 MAS. ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {KURR}