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D.R. Somayajulu, Secretary D.L.S. Vs. Attili Appala Swamy [19/11/14]

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[Civil Appeal No.10404 of 2014 arising out of SLP (Civil) No. 3489/2012]. These appeals challenge the correctness of order of Andhra Pradesh High Court passed in review application being W.P.M.P.No.1540/2009 in Writ Appeal No.1840/2008 dated 30.4.2011, setting aside the order dated 5.1.1982 passed by the competent authority determining an extent of 38,781 sq. mtrs. of late Attilli Narasayyamma as surplus land and also the order passed by the appellate authority dated 24.4.2001 on the ground that the proceedings taken against the dead person are totally void ab initio and non-est. The case has a chequered history. A maze of facts and events confront us in the course of determination of these appeals. Essentially, the core questions required to be examined are:- The effect of non-impleading of legal heirs of Attili Narasayyamma on the final statement passed under Section 9 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ULCR Act) and vesting of surplus land in the Government; Effect of Urban Land (Ceiling and Regulation) Repeal Act 1999 (for short 'Repeal Act 1999') on the land so vested:-

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