THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.20193 of 2008 ORDER: The petitioner purchased a site of 222 sq. yards out of D.No.1015 of Suddavappli Donka, Revenue Village, Guntur Mandal, Guntur District, on 29.04.2008. The vendor of the petitioner, by name, Challa Siva Venkata Reddy mortgaged that property to M/s. Indian Overseas bank, the first respondent herein. The petitioner approached the first respondent to release the property from mortgage. Since the process required registration, the Sub-Registrar of Stamps and Registration, Guntur, the third respondent herein, was approached to furnish necessary certificates. He, in turn, verified the matter from the Special Officer and Competent Authority for Urban Land Ceiling(ULC), Guntur, the second respondent herein, since the property is within the Guntur Urban Agglomeration. Through the endorsement dated 03.07.2008, the second respondent, informed that the site purchased by the petitioner is the subject matter of declaration by ULC No.815/76 and that the clearance certificate cannot be issued for registration thereof. The petitioner feels aggrieved by the same. Heard the learned counsel for the petitioner and the learned Government Pleader for Assignment. The land in D.No.1015 was originally held by Sri Somam Parameswara Rao on the basis of purchase made by him on 31.05.1956. After his death, his wife – Smt. Somam Sundaramma became the owner. She filed a declaration in respect of the entire land, which is about one acre. Even before the declaration under the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘ULC Act’) was processed up to the final stage, she sold a part of the land in favour of the vendor of the petitioner through sale dated 20.12.1983. The petitioner, no doubt, purchased the property from a person who is not a declarent under the Act. The fact, however, remains that the original owner of the property i.e., Smt. Somam Sundaramma filed declaration and the entire land in D.No.1015/2 was the subject matter of the proceedings under the Act. The record produced by the learned Government Pleader discloses that the land to an extent of 2,000 sq. yards was permitted to be retained by the declarent, and the balance of 2,390 sq.yards was surrendered by her. There was a clear demarcation of these two areas. Therefore, much would depend upon the question whether the land purchased by the petitioner was part of the retainable area of the declarent or the surplus area taken over by the Government. Unless proper verification is made by the second respondent, this Court cannot give a specific finding on these aspects. Hence, the Writ Petition is disposed of directing the second respondent to verify whether the plot of land purchased by the petitioner is part of the retainable area demarcated in favour of the declarent or the surplus area surrendered by her. If it is part of the retainable area, the document shall be registered without raising any objection. On the other than, if it is from out of the surplus area, the petitioner has to work out his remedies for allotment/regularisation of surplus lands, in accordance with the Government orders in vogue. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J 02nd March, 2010 GHN