[Cites 2, Cited by 0]
Telangana High Court
Kuppili Sriram, Habsiguda, Hyderabad vs The State Of Prl.Secretary Revenue, ... on 9 April, 2026
1
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO
WP.No.3355 of 2006
Dt. 09.04.2026
Between:
Kuppili Sriram
.... Petitioner
and
The State of A.P. rep. by Prl. Secretary to
Revenue(Urban Land Ceilings, Hyderabad),
Secretariat Buildings, Hyderabad
& seven others.
...Respondents
O R D E R:
1. The instant writ petition has been filed to declare the action
of respondents No.2 & 3 as illegal, arbitrary, contrary to the
statutory provisions of the Urban Land (Ceiling & Regulation) Act,
1976 (for short 'the ULC Act') and in view of general exemption
contemplated by the Government in G.O.Ms.No.455 Rev.Uc-I
Dept., dt.29.07.2002, and to further direct the respondents No.1
& 2 to pass orders regularizing the plots of the petitioners No.13
and 14 in survey No.76 admeasuring 200 sq. yards situated at
Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District,
by receiving the compensation in terms of the said GO.
2. The brief facts of the case are that, the petitioner purchased
residential plots bearing No.13 & 14 in survey No.76 admeasuring
200 sq. yards situated at Hafeezpet Village, Serilingampally
Mandal, Ranga Reddy District, through a registered sale deed
bearing No.480/1990, executed on 12.01.1990, by Sri Nimmala
Narahari, S/o Sri Late N.Veeraiah and that since the said land is
located in the peripheral area of Hyderabad Urban Agglomeration,
the same is exempted from the provisions of Chapter-III as per the
automatic exemption available to the said land, in view of
G.O.Ms.No.733, dt.31.10.1998, and despite this, the 2nd
respondent erroneously included the petitioners' plots in the
declaration made in CC No. H/4/83 of Mr. Abdul Khadhar,
calculating the total extent of Survey Nos. 70 to 76 as 3665.60 sq.
meters, and issued orders under Sections 4(1), 9, 10(1), 10(3),
10(5), and 10(6) of the ULC Act, without issuing any notice to the
petitioner, thereby treating his plots as part of the excess land
determined and proposing the same for auction through the 3rd
respondent.
3. The petitioner further asserted that while he had purchased
the said land vide registered sale deed in 1990, the authorities
have taken possession of the total land under Section 10(6) in
2001, contrary to his ownership rights and, even as per the
declaration of one Mr.Abdul Khadhar and the subsequent
proceedings under Section 10(6), since the land is vested with the
Government as ceiling surplus land, the petitioner is entitled to
seek regularization of the said land in terms of G.O.Ms.No.455,
Rev.Uc-I, Dept., dt.29.07.2002, as in view of the general
exemption contained therein, even all the encroachers of the
excess lands determined in the declarations of the land owners are
entitled to seek exemption.
4. It is further contended that the computation of the 2nd
respondent and subsequent handing over of the land to the 3rd
respondent was done merely "on paper," and the petitioner
became aware of the proposed auction on 22.02.2006, only on
20.02.2006, i.e., two days before, and aggrieved by these actions,
the petitioner has filed the present writ petition.
5. The 3rd respondent-HUDA filed counter stating that the land
in Sy.No.76/2, measuring 3665.60 sq. meters in Hafeezpet Village,
Serilingampally Mandal, Ranga Reddy District, was lawfully
allotted and handed over to HUDA by the revenue Authorities
through a panchanama, dt.24.02.2001, following the directions of
the District Collector, and upon taking possession, the land was
developed and scheduled for disposal through public auctions in
accordance with Government instructions for mobilizing funds for
public amenities and developmental activities. The initial auctions
held on 10.12.2001 and 28.05.2002 remained unsuccessful, and
a subsequent auction on 22.02.2006 could not be confirmed in
favour of the highest bidder, M/s. Prajay Engineers Syndicate
Ltd., due to administrative reasons.
6. The 3rd respondent further stated that the said unofficial
respondents are no way concerned with the land in Sy.No.76, and
the petitioner herein is claiming 200 sq. yards in the said
Sy.No.76, as the answering respondent was handed over an extent
of 3665.6 sq. yards of land in survey No.76/2 by the government
and that determination and allotment of surplus land lies with the
Special Officer under Section 23 of the ULC Act, and after
determination of surplus land, the original declarant has got right
of appeal before the competent authority under Section 33 of the
ULC Act.
7. It was also stated by the counter affidavit that the said land
was handed over free from litigation to them, as such the 3rd
respondent proposed for disposal transparently by way of auction
in 2006, and the petitioner having remained silent for all several
years despite being aware of the declaration of surplus land, the
delivery of possession to the 3rd respondent under compromise
between the original declarant and other parties, on the basis of
which, WP.No.21803 of 2007 and W.P.No.3302 of 2006 was filed
by the vendor of the petitioner, and the petitioner is not entitled
for regularization of the land in question and prayed to dismiss
the writ petition.
8. Heard Sri Chava Srinivas, learned counsel for the petitioner,
Sri V. Siddharth Goud, learned counsel representing V. Narasimha
Goud, learned Standing Counsel for HUDA appearing for
respondent No.3 and perused the record.
9. Admittedly, one Mr.Abdul Khadhar and another, who are
original declarants have filed declaration before the Special Officer
and Competent Authority under the ULC Act and that they are
already declared as surplus land owners and land to an extent of
3665.60 sq. meters in Sy.No.76/2 of Hafeezpet Village was already
taken possession under Section 10(6) of the ULC Act by the 2nd
respondent and under Section 9 of the ULC Act, the land vested
with the Government and thereafter, handed over to the 3rd
respondent, who has also issued the auction notice for disposal
the said land to the prospective purchasers.
10. It is pertinent to note that in terms of G.O.Ms.No.455,
Rev.Uc-I Dept., dt.29.07.2002, any prospective purchaser or
occupant of the ceiling surplus land is required to file appropriate
applications for regularization before the Special Officer and
Competent Authority and pay the requisite amount, and thereafter
the land would be allotted in favour of the person, who is in
possession by virtue of the registered sale deeds.
11. Further, the petitioner has not filed any document to show
that such an application was filed seeking regularization or
allotment of land prior to or pending the writ petition, before the
land being handed over to the 3rd respondent. Since the land has
already been handed over to the 3rd respondent, the question of
regularization in favour of the petitioner in respect of the subject
extent of land, is untenable and in that view of the matter the writ
petition filed is devoid of merit and is liable to be dismissed.
12. It is pertinent to note that the writ petitions filed by the
vendor of the petitioner vide WP.Nos.3302 of 2006 and 21803 of
2007, challenging the very same actions of respondents No.2 & 3
in conducting auction in respect of his remaining extent of land in
the very same survey numbers, was dismissed by this Hon'ble
Court vide common order dt.09.04.2026, and thus, the present
writ petition, filed by the petitioner for regularization, is also
devoid of merit and the writ petition is liable to be dismissed on
that ground also.
13. In view of the above findings, the Writ Petition is dismissed.
However, it is made clear that if the petitioner has filed any
application before or pending the writ petition, he is at liberty to
pursue the same before the appropriate authorities, and the
respondents shall consider the same and pass appropriate orders,
as to whether the petitioner is entitled to regularization in terms of
G.O.Ms.No.455, dt.29.07.2002, by following due process of law.
No order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall
stand closed.
__________________________________
SUDDALA CHALAPATHI RAO, J
09TH April, 2026
gra
