THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5796 of 2010 31.5.2010 Between: Mohammed Ali, S/o.Late Mahboob Ali And others …Petitioners and The Government of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Hyderabad And others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5796 of 2010 ORDER: The petitioners, who are fifteen (15) in number, are statedly residents of Yousufguda, Hyderabad. It is their case that all of them are Class-IV employees or labourers or masons and are eking out their livelihood by doing cooli work. Some time in 1968, they allegedly purchased 100 Sq.yards each from Shahana Arjumand Begum and others. The land is comprised in survey Nos.119, 128, 132, 133 and 135 of Yousufguda. They constructed houses for residential purpose. It appears that the land admeasuring an extent of 55,040 Sq.mts in those survey numbers developed into mini colony with all public streets and amenities. It is their case that after coming into force of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act), the land was declared as surplus vacant land and vested in the State under Section 10(3) of the Act. On 17.5.1996, a notice was also issued to petitioners’ vendors. Thereafter the Government did not take any action. Second respondent, namely, Special Officer and competent authority, ULC, Hyderabad, issued notice bearing letter No.E1/12809 to 12812 of 1976, dated 08.8.2008, to various persons in occupation of the land in various survey numbers. Aggrieved by the same, present writ petition is filed. A counter affidavit is filed by the Deputy Collector in the office of the second respondent. According to the counter, the land originally belonged to M/s.Shahana Arjumand Begum, Kavsar Parveen Begum, Sughra Fatima and Naseerul Haq. All of them filed declarations under Section 6(1) of the Act being E1/12809/76, E1/12810/76, E1/12811/76 and E1/12812/76 respectively. Each of them was declared surplus land holder to an extent of 16,732.75 Sq.mts each and a final statement under Section 9 of the Act was issued on 09.12.1992. The same was followed by notification under Section 10(1) of the Act dated 31.12.1993. Thereafter the notice under Section 10(3) of the Act was issued on 02.7.1994 and the same was published in the Official Gazette on 28.7.1994, whereby and whereunder the land vested in the Government. On 10.4.1996 orders were issued under Section 10(5) of the Act and the same were served on all encroachers on 13.5.1996, 16.5.1996, 17.5.1996, 18.5.1996, 06.6.1996 and 07.6.1996. Subsequently notice under Section 10(6) of the Act was also issued on 16.2.1996 and the possession was taken by Enquiry Officer on 14.3.2006. The counter affidavit further states that as the petitioners were in occupation of land, which is declared surplus under the Act, notices were issued directing them to get the occupation of the land in their possession regularized in accordance with G.O.Ms.No.747, dated 29.6.2008. According to the said G.O., consequent upon repeal of the Act, those who purchased plots forming part of urban land were given an opportunity to get the occupation regularized. If a person is in possession of the land admeasuring less than 67.00 Sq.mts in the area of Municipal Corporation of Hyderabad (now, Greater Hyderabad Municipal Corporation), necessary orders for regularization are being passed without collecting any amount. Therefore, the petitioners were advised to seek regularization, if they come under the category of below poverty line. Though the counter affidavit is served on 19.4.2010, no reply affidavit is filed by petitioners. This Court heard the counsel for petitioners and the Assistant Government Pleader for Revenue (Assignment). The impugned notice reads as under. An extent of 55040.00 Sq.Mtrs of land in Sy.Nos.128, 132, 133 and 135 situated at Yellareddyguda Village of Khairatabad Mandal, Hyderabad District was declared as surplus and it was vested with the in to Government of the surplus land under Section 10(6) of the Act in and possession taken over. It is observed that a major portion of the above land is under illegal occupation of 3rd parties and they have also constructed houses unauthorisedly over the said surplus land. The Government vide G.O.Ms.No.747, dated 29.6.2008 issued orders for regularization of such surplus land to the occupiers on filing of applications. But none of the occupiers in this land have approached the authority so far for regularization. They failed to utilize the opportunity provided in the above Government orders issued. During the course of enquiry into the matter, it is observed that Sri … … … … … is in illegal occupation of the land in Plot No. … … … in Sy.No. … … T.S.No.61/1, 62/142, Block-K, Ward No.6, premises No. … … situated at Allinagar and Jayaprakash Nagar. He/She is directed to file his/her application along with required documentary evidence as envisaged in G.O.Ms.No.747, dated 29.6.2008 for regularization of his/her possession over the land within (7) days from the date of the receipt of this notice or otherwise action as deemed fit will be taken to evict them from the above premises without further notice. The petitioners allegedly purchased the land from Shahana Arjumand Begum and others – under agreements of sale or under sale deeds – but it appears that the petitioners’ vendors also had shown the entire extents of land in declarations filed under Section 6(1) of the Act, and therefore, the action of the Government in declaring petitioners’ vendors to be surplus land holders to an extent of 16,732.75 Sq.mts each cannot be faulted. Insofar as petitioners are concerned, probably for the reason that petitioners purchased the land either under agreements of sale or under sale deeds way back in 1968, the Government especially second respondent gave an opportunity to petitioners to get the land regularized. Therefore the petitioners, in the considered opinion of this Court, cannot have any grievance. They may at least now approach the competent authority and seek regularization of their occupations under G.O.Ms.No.747, dated 29.6.2008. All the petitioners are given four weeks time from today for making applications to appropriate authority seeking regularization. Needless to mention that if any of the petitioners is in possession of less than 67.00 Sq.mts, their occupation shall be regularized without collecting any amount from them. If any of the petitioners is in possession of 67.00 Sq.mts or above, it shall be open to competent authority to collect appropriate amount from them, as per the guidelines under relevant G.O. The writ petition, with the above observations and directions, is accordingly disposed of. ______________ (V.V.S.RAO, J) May 31, 2010. YS