AIR 2015 SUPREME COURT 569 ::2014 AIR SCW 6587 ::AIR 2015 SC (Civil) 289

Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): T. S. Thakur, Adarsh Kumar Goel, R. Banumathi , JJJ

(A) Urban Land (Ceiling and Regulation) Act (33 of 1976) , S.8, S.6— Declaration of surplus land - Proceeding for - Death of landholder - His sons, daughter and grandchildren were already on record in their individual capacity - Formal non-impleading of legal representatives of deceased or non-serving of formal notice upon legal representatives of deceased - Respondent, son of deceased cannot complain of any prejudice caused thereby. Civil P.C. (5 of 1908) , O.22 R.2— (Para 15 19) (B) Constitution of India , Art.226— Civil P.C. (5 of 1908) , O.47 R.1— Review - Urban land ceiling proceedings - Order of competent Authority - Found legal by High Court - However in review petition, High Court set aside its own order and orders of urban land ceiling authorities - High Court observed that there was no proper representation of estate of deceased land holder by proper legal representatives and proceedings taken against dead person are totally void ab initio - Further passing observation made that 'all the proceedings have no effect in view of the repealing Act' - Held, order passed by High Court in review petition is erroneous and not-sustainable. Urban Land (Ceiling and Regulation) Act (33 of 1976) , S.6— Urban Land (Ceiling and Regulation) Repe....