Hyderabad: The Telangana High Court faulted the authorities for declaring a piece of land as urban land ceiling surplus land after putting up notices under the ULC Act, against a person who was long dead.
The court wondered how the officials could initiate ULC proceedings in 1998 when the owner had died in 1983. Moreover, without issuing any enquiry notice to an interested and affected party, who had purchased the said land in 1980 from the deceased person and is continuing physical possession till date, which is against the provisions of the ULC Act.
The division bench comprising Chief Justice Ujjal Bhuyan and Justice N.V. Shravan Kumar upheld the single judge order, which set aside the ULC proceedings over the admeasuring 13 acres in Survey. No. 60 and three acres and seven guntas in Survey No. 62 of Chengicherla in Ghatkesar mandal.
When a person was in physical possession and that he was not disposed at any point of time by any one much less the ULC authorities, how can the authorities mention that the land was taken over by completing the panchanama, the bench questioned.
One A. Narayan Reddy, owner of the land, had sold the it in 1980 to one R. Kamalakar Reddy. In 1983, Narayana Reddy died. Around 1998 his legal heirs disputed the sale transaction made in 1980 between their deceased father and Kamalakar Reddy.
As the dispute was pending adjudication, Urban Land Ceiling authorities issued a gazette notification, stating that the land was surplus land and mentioned that the property was taken over for possession.
On coming to know of ULC proceedings, Kamalakar Reddy approached the authorities. On not getting relief from there, he approached the High Court.
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