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3.1. The respondent No.1 by order dated 29.12.2000 rejected holding that, "the lands in Sy.Nos.153 and 154 of Kandikal are in Municipal limits and are covered by statutory Master Plan as on the appointed day. The land use of CJ & JAK, J W.A.No.1224 OF 2008 Sy.No.153 is other than Agriculture (Residential) and that of Sy.No.154 is major part recreational minor part residential and partly effected by 150' wide ring road". Aggrieved by the order, writ petitioner filed W.P.No.13363 of 2002. The learned Single Judge by applying the law as declared by Apex Court in State of A.P. v. Audikesava Reddy 1, dismissed the writ petition vide order dated 30.08.2007. The said order is impugned in this appeal.

CJ & JAK, J W.A.No.1224 OF 2008

8. It is evident from the order of the appellate authority that G.O.Ms.No.153 dated 12.02.1991 is not applicable and the contention that the same is applicable to the subject lands is devoid of merits, as the appellate authority held as follows:

"The lands in Sy.Nos.153 and 154 of Kandikal are in Municipal limits and are covered by statutory Master Plan as on the appointed day. The land use of Sy.No.153 is other than Agriculture (Residential) and that of Sy.No.154 is major part recreational minor part residential and partly effected by 150' wide ring road."
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In this appeal, the determination of excess land of 45,528.60 sq.mts., in Sy.Nos.153 part and 154 of Kandikal (V) in CC Nos.13598/96 and 13599/76 is assailed. Out of these Sy.Nos. only Sy.No.154 is covered by the directions of Hon'ble High Court dated 23.07.1999.

The lands in Sy.No.153 and 154 of Kandikal are in Municipal limits and are covered by Statutory Master Plan as on the appointed day. The land use of Sy.No.153 is other than Agriculture (Residential) and that of No.154 is major part recreational minor part residential and partly effected by 150' wide ring road. As in the case of certain Sy.Nos., covered in the Appeal No. Hyd./110/96, in this CJ & JAK, J W.A.No.1224 OF 2008 case too, the extent falling under each category of land use in respect of Sy.No.154 is not shown in the land use certificate issued by the H.U.D.A. Therefore, the respondent SO was asked to furnish details of extents falling under each land use category with reference to the records of Master Plan. They are accordingly furnished which are as under: