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Showing contexts for: raidurg land in State Of A.P. Rep. By The Prl. Secretary ... vs K. Ashok Rao And Ors. on 4 December, 1996Matching Fragments
1. This appeal is directed against the order passed by the learned single Judge of this Court in Writ Petition No. 18385 of 1993 dated 27-7-1994.
2. The ranks of the parties are referred to in this appeal as they were in the main writ petition before the learned single Judge.
3. The petitioners filed the writ petition seeking writ, order or direction in the nature of prohibition or certiorari or Mandamus (i) restraining the respondents from taking any further proceedings in respect of Ac. 525-75 cents in S. No. 83 of Raidurg (Pan Maqta) village, Serilingampalle Mandal, Rangareddi district under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976; (ii) to declare that the land in S. No. 83 of Raidurg (Pan Maqta) village, Serilingampalle Mandal, Rangareddy district is neither urban land nor vacant land within the meaning of the Urban Land (Ceiling and Regulation) Act, 1976 and is not liable for determination or being dealt with under the provisions of the said Act; (iii) if any proceedings are initiated under the 1976 Act the same shall be declared as ab initio void and without jurisdiction; (iv) to direct the first respondent to have the land contained in S. No. 83 of Raidurg (Pan Maqta) village, Serilingampalle Mandal/ Rangareddi District determined and computed under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 in accordance with law afresh; (v) to declare the fourth respondent's Memo No. G.1/33616/92 dt. 5-8-1993 as ab initio void and without jurisdiction and non-est as also the consequential proceedings of the fifth respondent No. 548/93 dated 3-9-1993 as void and to grant such other relief.
10. Aggrieved by the same the petitioners filed the writ petition urging the following grounds:
Land in S. No. 83 of Raidurg village was an agricultural land. The names of the original owners were entered in the pattas and other revenue records as pattadars. Raidurg village had become part of the urban agglomeration only by virtue of amendment to the Master plan in September 1980, that is, subsequent to both the notified and appointed date under the Central Act. The Central Act has no application to the land in question. The proceedings dated 5-8-1993 of the respondent No. 4 ab initio void, so also the proceedings of the respondent No. 5 dated 3-9-1993. The orders issued by the first respondent in G.O.Ms. No. 5013 Revenue (U.C.I.) Department dt. 19-12-1990 are void ab initio, that the order passed Under Section 23 of the Central Act as illegal as the same not followed by the procedure Under Sections 8, 9, 10 of the Central Act. Proceedings Under Section 10(3) and 10(5) of the Central Act which were made subsequent to 19-12-1980 as such not valid. Even the panchanama dated 20-7-1993 showing that possession of Ac.99-17 cents in S. No. 83 has been taken possession only mere paper possession, that neither the petitioners surrendered the said land nor the Central Act had any application. Orders of the respondents in respect of Ac.99-17 cents which were redelivered to the petitioners pursuant to the primary Tribunal's order is quite incorrect. Proceedings of the respondents are contravention of Section 2(o) of the Central Act. All the proceedings initiated by the respondents under the Central Act subsequent to redelivery directed by order of the primary land Tribunal and Mandal Revenue Officer, by exercising powers under the State Act are quite illegal and contrary to the decision of the Supreme Court rendered in Smt. Atia Mohammadi Begum v. State of U.P., .
11. On service of notice the respondents put their appearance and filed objections. The stand of the respondents is that the so called sale deeds are not valid as the entire land had vested in the Government as on the date of the alleged sale deeds. Pursuant to the order dated 24-1-1981 petitioners did not choose to file any appeal though notice was served on the General Power of Attorney holder on 3-3-1981. As there was no clearance from the Urban Land Ceiling Authority the claim of the petitioners could not be considered as they were neither bona fide purchasers nor acquired any legal rights on the land in question. G.O.Ms. No. 5013 Revenue (UCI) Department dated 19-12-1990 is nothing but a reflection of the said position to allot surplus land to the HUDA. In no way the respondents deprived the legitimate rights of the land holders. Sales in question are not valid Under Section 5 of the Central Act. When the claim of the society was rejected by the authorities and confirmed by this Court in W.P. No. 16797 of 1992 the benefit under G.O.Ms. No. 733 Revenue dated 31-10-1988 is not available to the petitioners. The land in question was a kacha land on the appointed date and it was fallow for several years before the Act and it was not fit for cultivation. The land was not used for agricultural purposes. The said land was treated as vacant land Under Section 2(q) of the Act. The village Raidurg was included in the Urban agglomeration on the very commencement of the Central Act which is clear from the notification in column No. 2 to Schedule I. The principles laid down in At in Mohammadi case, have no application to the facts of this case. The Central Act applies to the case of the petitioners. As the petitioners are not bona fide purchasers they are not-entitled to any relief.
19. The facts as to original pattadars executing sale deeds in favour of the sixth respondent in respect of S. No. 83 of Raidurg Village executing several agreements of sale and later selling the land in bits to the petitioners, filing declaration before the authorities constituted under the State Act and their determination, their filing of declaration before the competent authorities constituted under the Central Act, in between getting redelivery of the alleged surplus land, are not in dispute. The issue involved is whether as on the date of coming into force of the Central Act was it applied to S. No. 83 of Raidurg Village, Serilingampalle Mandal of Rangareddi district or not? The Act in question is applicable to the lands which are situated in Urban Agglomeration, being vacant lands and included in the master plan. The Central Act is a beneficial legislation made to give effect to the object of Directive principles of State Policy.