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2) Brief facts:-

(a) One Mohd. Ruknuddin Ahmed and 10 others were the original owners of land admeasuring 526.07 acres in Survey No. 83 situated at Village Raidurg (Panmaktha) of Ranga Reddy District in the State of Andhra Pradesh. Out of the said land, an extent of 252.33 acres is assessed to revenue as cultivable agricultural land and the remaining extent of 273.14 acres is treated as pote-kharab(un-

cultivable) land. On 07.07.1974, the owners executed registered General Power of Attorney (hereinafter referred to as "GPA") in favour of a partnership firm known as "Sri Venkateswara Enterprises" represented by its Managing Partners A. Ramaswamy and A. Satyanarayana. On 01.01.1975, the A.P. Land Reforms Act, 1975 came into force. Since the land in Survey No.83 was an agricultural land, the said owners filed eleven declarations under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as "the Land Reforms Act") and the Authority under the Land Reforms Act declared about 99 acres as surplus in the hands of 4 declarants and possession was also taken on 11.04.1975. The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as `the ULC Act') came into force on 17.02.1976. The owners, through their GPA, filed declarations under Section 6(1) of the ULC Act under a mistaken impression that the ULC Act was applicable to their land, though the same was inapplicable for the reason that the land in question was agricultural land and the same was not included in the Master Plan as on the date of commencement of the ULC Act. On 01.07.1977, draft statements under Section 8(1) of the ULC Act together with notice under Section 8(3) were served inviting objections to the draft statement prepared under Section 8(1) of the ULC Act but no orders were passed on any of the declarations. On 06.12.1979 & 25.01.1980, final statements under Section 9 were issued declaring the surplus area by each of the declarant. On 16.09.1980 & 30.01.1980, the Competent Authority issued notification under Section 10(1) of the ULC Act.

455 and 456.

(i) Before the High Court, four writ petitions were filed by the purchasers, owners as well as Chanakyapuri Cooperative Housing Society Limited, Secunderabad.

(j) Writ Petition No. 4121 of 2006 has been filed by Smt. K. Anjana Devi and 45 others who claim to be the purchasers of a small extent of land forming part of Survey No. 83 of Village Raidurg, Ranga Reddy District. They claim to have purchased the said lands from the GPA Holder of the original land owners. Writ Petition No. 4144 of 2006 has been filed by Om Prakash Verma and 43 others who also claim to be purchasers of small extent of land forming part of Survey No. 83 Village Raidurg, Ranga Reddy District from the said GPA. Writ Petition No. 4141 of 2006 has been filed by Ahmed Abdul Aziz and 14 others who claim to be the owners of the land of an extent of acres 526.07 guntas in Survey No. 83. Writ Petition No. 5776 of 2006 has been filed by Chanakyapuri Cooperative Housing Society Limited, Secunderabad, which claims to be the holder of Agreement to Sell dated 09.08.1974 allegedly executed by the GPA holder of the owners of the land in Survey No. 83 Village Raidurg, Ranga Reddy District.

Issues:

4) The main question in these appeals is whether the proceedings of the Competent Authority under Sections 8, 9 and 10 of the ULC Act in relation to the land in Survey No. 83 of Village Raidurg of Ranga Reddy District declared by the Division Benches by its judgment dated 28.10.1994 and 04.12.1996 in Writ Appeal Nos. 1220 and 918 of 1994 respectively, as void, stood restored by virtue of judgment of this Court in Audikesava Reddy's case (supra) as claimed in G.O. Ms. No. 161 dated 13.02.2006. In other words, what actually is the adjudication contained in Audikesava Reddy's case (supra) is the question involved for determination. The adjudication contained in the Audikesava Reddy's case (supra) admittedly was in relation to the same land in Survey No. 83 situated in village Raidurg and between the same parties. In the earlier part of our judgment, we have already set out the facts which led to the filing of C.A. Nos. 3813 of 1996 and 7239 of 2001 in this Court by the respondent-State in Audikesava Reddy's case (supra).
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.

Explanation.- A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;"

According to him, a combined reading of the above two definitions show that the judgment must furnish the reasons or grounds for the adjudication of the controversy or controversies on the basis of which only a decree can be drawn. He pointed out that that is the reason it is said in law that "a decree must follow the judgment" or "a decree must agree with the judgment". Repeatedly, Mr. Chowdhuri submitted except answering the question referred to by a two-Judge Bench, this Court has not considered or concerned with the consequences of filing declarations under a wrong impression that the land is "vacant" when the land is not a "vacant land" and the same be decided in an appropriate case, which necessarily means that this Court was not inclined to go into the three questions, namely, whether the land in Survey No. 83, Raidurg (Panmaqtha) village was agricultural or not, whether such declarations were filed on 16.09.1976, on a wrong impression and whether the proceedings under Sections 8, 9 and 10 of the ULC Act are valid, having already declared in Para 13 that the date of commencement of the ULC Act qua the land in Survey No. 83, would be the date on which the said land was included in the second Master Plan that is, on 29.09.1980 when the owners were obligated to file declarations under Section 6 of their holdings and as such the statutory obligation to deal with such declarations also would commence only from the date of filing fresh declarations after 29.09.1980 (date of commencement of the Act). While winding up his reservation about the decree, he submitted that this Court in Audikesava Reddy's case (supra) expressly did not go into the question of validity of the proceedings taken by the Competent Authority under Sections 8, 9 and 10 of the ULC Act on the earlier declarations filed in September, 1976 under a mis- conception or a wrong impression when the land was not a "vacant land". As a matter of fact, after making the above submissions as to the decree, Mr. Chowdhury requested this Court to issue suo moto direction to the Registry for making necessary correction.