IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU W.P. Nos. 20075, 20076, 20077 and 20078 of 2000 WRIT PETITION NO : 20075 of 2000 Between: Uppala Rajamma, W/o. Yellaiah, Rep. by her G.P.A., Holder Ravinder, S/o. Late m.Shankaraiah, R/o. H.No. 18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (URBAN LAND CEILING), Secretariat Buildings, Khairatabad, Hyderabad. 2 Commissioner for Appeals, Office of the Chief Commissioner of Land Administration, Government of Andhra Pradesh, Nampally Station Road, Hyderabad. 3 Special Officer and Competent Authority, Urban Land Ceiling, IIIrd Floor, Chandra Vihar, M.J.Road, Hyderabad. 4 Collector, Rangareddy District, Lakadikapul, Hyderabad. 5 Mandal Revenue Officer, Rajendranagar Mandal, Rajendranagar, R.R.District. .....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 call for records and issue appropriate writ or order or direction more particularly a writ in the nature of Certiorari and quash the orders of the Second Respondent, U.L.C., Appeal No.Hyd/38/2000, dated 3-5-2000 as illegal, null and void, and also the orders of the Third Respondent passed under section 9(4) and 9 of the Urban Land (Ceiling and Regulation) ACt 1976 in C.C.No.J/5720/1976, dated 22-11-1985 and the consequential orders passed under Section 10(1) dated 19-2-1994, Section 10(3) Notification dated 24-2-1992, Section 10(5) Notice dated 4- 5-1992 and Section 10(6) proceedings dated 3-7-1992 and taking over possession of the suit lands as illegal, null and void. Counsel for the Petitioner:MR.MOHD.AMJADULLAH KHAN Counsel for the Respondents: GP FOR CEILING The Court made the following : WRIT PETITION NO : 20076 of 2000 Between: 1 M. SHANKARAIAH S/o.late M. Hanmaiah Rep.by their G.P.A. HOLDER RAVINDER S/o.late M. Shankaraiah, R/o.H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. 2 M. SAMBAIAH S/o.late M. Hanmaiah Rep.by their G.P.A. HOLDER RAVINDER S/o.late M. Shankaraiah, R/o.H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. 3 M. LINGAMAIAH S/o.late M. Hanmaiah Rep.by their G.P.A. HOLDER RAVINDER S/o.late M. Shankaraiah, R/o.H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. 4 M. SRIHARI S/o.late M. Hanmaiah Rep.by their G.P.A. HOLDER RAVINDER S/o.late M. Shankaraiah, R/o.H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. 5 M. JAIHIND S/o.late M. Hanmaiah Rep.by their G.P.A. HOLDER RAVINDER S/o.late M. Shankaraiah, R/o.H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh rep.by its Principal Secretary, Revenue (Urban Land Ceiling) Secretariat Buildings, Khairatabad, Hyderabad. 2 Commissioner for Appeals, O/o.the Chief Commissioner of Land Administration, Government of Andhra Pradesh, Nampally Station Road, Hyderabad. 3 Special Officer and Competent Authority, Urban Land Ceiling, IIIrd Floor, Chandra vihar, M.J. Road, Hyderabad. 4 The Collector Rangareddy District Lakdikapul Hyderabad. 5 Mandal Revenue Officer, Rajendranagar Mandal Rajendranagar R.R. District. .....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 call for records and issue appropriate writ or order or direction more particularly a writ in the nature of certiorari and quash the orders of the second Respondent in U.L.C., Appeal No.Hyd/39/2000 dated 3-5-2000j as illegal, null and void, and also the orders of the third Respondent passed under section 8(4) and 9 of the Urban Land (Ceiling and Regulation) Act 1976 in C.C.No.D/10244/76, dated 22-11-1985 and the consequential orders passed under Section 10(1), Section 10(3) Notification Section 10(5) Notice dated 17-9- 1999 and Section 10(6) proceedings dated 6-12-1999 and taking over possession of the suit lands as illegal, null and void. Counsel for the Petitioners:MR.T.S.PRAVEEN KUMAR Counsel for the Respondents: GP FOR REVENUE WRIT PETITION NO : 20077 of 2000 Between: 1 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Laxmipathi S/o. Late M.Babiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 2 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Ravinder S/o.Late M.C.Shankaraiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 3 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Sathyanaryana S/o.M.C.Shankaraiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 4 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Arjun S/o.M.C.Shankaraiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 5 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Hariprasad S/o.M.C.Shankaraiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 6 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Rajendra Prasad S/o.M.C.Shankaraiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 7 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Raghunath S/o.Late M.Dannaiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 8 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Subash S/o.Late M.Dannaiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 9 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Ramesh S/o.Late M.Dannaiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah 10 M.Babiah S/o.Yellaiah Died Per L.Rs. M.Sudershan S/o.Late M.Dannaiah R/o. H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyderabad. Through: G.P.A., Holder Ravinder S/o.Late M.Shankaraiah ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh Rep.by its Principal Secretary Revenue (Urban land Ceiling) Secretariat Buildings, Khairtabad, Hyderabad. 2 Commissioner for Appeals,Office of the Chief Commissioner of Land Administration,Govt of A.P., Nampally Station Road, Hyderabad. 3 Special Officer and Competent Authority, Urban Land Ceiling, III rd Floor, Chandra Vihar, M.J.Road, Hyderabad. 4 Collector,Rangareddy District, Lakadikapul, Hyderabad. 5 Mandal Revenue Officer, Rajendranagar Mandal, Rajendranager, R.R.District. .....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 call for records and issue appropriate Writ or order or direction more particularly a writ in the nature of Certiorari and quash the order of the 2nd Respondent in U.L.C., Appeal No.Hyd/40/2000, dt.3/5/2000 as illegal, null and void, and the order of the 3rd Respondent passed under Section 8(4) and 9 of the Urban Land (Ceiling and Regulation) Act in C.C.No.D/10246/76, dt.22/11/1985 and the consequential orders passed under Section 10(1), Section 10(3) Notification Section 10(5) Notice,dt.9/3/1993 and Section 10(6) proceedings dt.2/7/1993 and taking over possession of the suit Lands as Illegal, null and void. Counsel for the Petitioners:MR.T.S.PRAVEEN KUMAR Counsel for the Respondents.: GP FOR LAND CEILING WRIT PETITION NO : 20078 of 2000 Between: 1 M. Bhoomaiah, S/o.Yellaiah.M died per L.R.S. 1)M. VENKATASWAMY S/o.late M. Bhoomaiah Rep.by their G.P.A HOLDER: RAVINDER S/o.late M. Shankaraiah R/o.H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyd. 2 M. Bhoomaiah S/o.Yellaiah.M died per L.R.S. 2) M. YELLAIAH S/o.late M. Bhoomaiah, Rep.by their G.P.A HOLDER: RAVINDER S/o.late M. Shankaraiah R/o.H.No.18-3-463/1/12, Shivajinagar, Rajanna Bowli, Hyd. ..... PETITIONER(S) AND 1 The Govt.of Andhra Pradesh rep.by Principal Secretary Revenue (Urban Land Ceiling) Secretariat Buildings, Khairatabad, Hyderabad. 2 Commissioner for appeals, O/o.the Chief Commissioner of Land Administration, Govt.of A.P., Nampally Station Road, Hyderabad. 3 Special Officer and Competent Authority, Urban Land Ceiling, IIIrd Floor, Chandravihar, M.J. Road, Hyderabad. 4 Collector, Rangareddy District, Lakdikapul, Hyderabad. 5 Mandal Revenue Officer, Rajendranagar Mandal, Rajendranagar, R.R.District. .....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 call for records and issue appropriate Writ or Order or direction more particularly in writ in the nature of certiorari and quash the order of the second Respondent in U.L.C. Appeal No.Hyd/41/2000, dt.3-5-2000 as illegal, null and void and the orders of the third Respondent passed under section 8(4) and 9 of the Urban Land (Ceiling and Regulation) Act, 1976 in C.C.No.D/10245/76, dated 22-11-1985 and the consequential orders passed under section 10(1), Section 10(3) notification dated 12-12- 1996,Section 10(5) notice dated 19-6-1997 and Section 10(6) proceedings dated 28-8-1997 and taking over possession of the suit lands as illegal, null and void. Counsel for the Petitioners:MR.T.S.PRAVEEN KUMAR Counsel for the Respondents: GP FOR LAND CEILING The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. Nos. 20075, 20076, 20077 and 20078 of 2000 COMMON ORDER: In all these cases, common questions of law and fact arise for consideration. Hence, they are disposed of by this common order. According to the petitioners in each of the writ petition, they are in possession and enjoyment of land to an extent of Ac.8.00 or less than that, inclusive of the land to an extent of Ac.3.00 for the roads formed in the lay-out; therefore, they are exempted from application of the Urban Land (Ceiling and Regulation) Act, 1976 as per G.O.Ms.No.733 Revenue (UC.II)Department dated 31.10.1988; therefore, they did not take any steps seeking exemption from the authorities. While that being so, it seems, notices were issued by the respondents against the petitioners. Insofar as W.P.Nos. 20077 of 2000 and 20078 of 2000 are concerned, notices were issued against dead persons who died in 1984 and 1988 respectively. Therefore, learned counsel for the petitioners submits that the very notices issued against dead persons or any proceedings initiated against such persons are arbitrary and illegal. Secondly, the exemption granted under G.O.Ms.No.733 Revenue (UC.II) Department dated 31.10.1988 was further clarified in G.O.Ms.No.217 dated 18.4.2000, wherein it is stated “these exemption orders shall not apply, where the Government have taken over the possession of the Surplus land under Section 10(5) and 10(6) of the Urban Land (Ceiling and Regulation) Act, 1976, from the declarants in all the five Urban Agglomerations, as on date 31-10-1988”. In these writ petitions, admittedly possession was not taken over of the surplus lands, if any, under Sections 10(5) and 10(6) of the Urban Land (Ceiling and Regulation) Act. Therefore, the question of application of provisions of the Urban Land (Ceiling and Regulation) Act, 1976 to the lands held by the petitioners does not arise. No counter has been filed. There is no representation on behalf of the respondents. In fact, the judgment reported in M.Chandraiah v. Commissioner, L.R.& Urban Land Ceiling, Hyderabad and another[1] clarifies that no application need be filed for exemption where a G.O. grants general exemption. G.O.Ms.No.733 Revenue dated 31.10.1988 is a general exemption granted from the purview of the Act for the lands in peripheral areas. Therefore, no application need be filed and that the exemption to the specified extents is automatic. Further, the total extent of land exempted is Ac.5.00 excluding the areas required for roads, hospitals and other public use, and if excess landholder desires to hold it as it is or wants to sell it out by making out plots, he is entitled for exemption to an extent of Ac.5.00 excluding the areas required for roads, hospitals and other public use. Apart from this, the very Urban Land (Ceiling and Regulation) Act, 1976 has been repealed by the Government and the proceedings under Sections 10(5) or 10(6) were not taken up. For all the above reasons, the impugned notices issued by the respondents are liable to be set aside and accordingly set aside. The writ petitions are allowed accordingly. No order as to costs. JUSTICE C.V. RAMULU. Date: 16-6-2009. MVB. [1] (1992 (3) ALT 573