Justice AV Sesha Sai of the AP high court on Wednesday held that proceedings against a dead person are invalid and hence cannot be subjected to judicial scrutiny. He made this order while allowing a petition by city advocate R C Misra and set aside the proceedings launched by the Ranga Reddy district revenue authorities in the name of Erram Mallaiah in 2006 under sections 6 to 10 of the Urban Land (Ceiling & Regulation) Act, 1976. Mallaiah had died long before that.
The revenue wing's action in declaring Mallaiah as a holder of surplus land and initiating relevant proceedings against him after his death was invalid in the eyes of law, the judge said. Moreover, the authorities took up this exercise in the absence of the family members or legal representatives of Mallaiah, he said.
Petitioner Misra told the court that he had purchased a piece of land in Guttala Begumpet village in RR district in 1998. However, revenue authorities issued proceedings against the original owner in order to take possession of the 2.31 acres declaring it as surplus land on the grounds that the owner had failed to submit a declaration under the Land Ceiling Act.
The revenue department contended that the surplus land needs to be vested with the state and as the owner had sold the property after the Land Ceiling Act came into effect, he should have adhered to the Act. "We took possession of the land in 2008 only after due inquiry," the counsel for the state said.
After hearing both the parties, Justice Sesha Sai found that an enquiry conducted by the special officer under the land ceiling Act
had revealed that the original owner had died long ago. The judge then ruled that "in the present case, in spite of the report of the special enquiry officer informing the death of the original pattadar, the authorities, instead of restraining themselves from proceeding further, issued further proceedings and hence such orders cannot sustain for the judicial scrutiny."
Article referred:http://timesofindia.indiatimes.com/city/hyderabad/Cant-proceed-against-the-dead-HC-to-revenue-wing/articleshow/28567445.cms
The revenue wing's action in declaring Mallaiah as a holder of surplus land and initiating relevant proceedings against him after his death was invalid in the eyes of law, the judge said. Moreover, the authorities took up this exercise in the absence of the family members or legal representatives of Mallaiah, he said.
Petitioner Misra told the court that he had purchased a piece of land in Guttala Begumpet village in RR district in 1998. However, revenue authorities issued proceedings against the original owner in order to take possession of the 2.31 acres declaring it as surplus land on the grounds that the owner had failed to submit a declaration under the Land Ceiling Act.
The revenue department contended that the surplus land needs to be vested with the state and as the owner had sold the property after the Land Ceiling Act came into effect, he should have adhered to the Act. "We took possession of the land in 2008 only after due inquiry," the counsel for the state said.
After hearing both the parties, Justice Sesha Sai found that an enquiry conducted by the special officer under the land ceiling Act
had revealed that the original owner had died long ago. The judge then ruled that "in the present case, in spite of the report of the special enquiry officer informing the death of the original pattadar, the authorities, instead of restraining themselves from proceeding further, issued further proceedings and hence such orders cannot sustain for the judicial scrutiny."
Article referred:http://timesofindia.indiatimes.com/city/hyderabad/Cant-proceed-against-the-dead-HC-to-revenue-wing/articleshow/28567445.cms
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