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1995 Supreme(SC) 960

FAIZAN UDDIN, S.B.MAJMUDAR, S.P.BHARUCHA
Deputy Collector – Appellant
Versus
S. Venkata Ramanaiah – Respondent


Advocates:
A.D.N.Rao, A.SUBBA RAO, G.Prabhakar, K.AMARESWARI, K.RAM KUMAR, V.A.BOBDE

Judgment

S.B. MAJMUDAR, J.

(1) LEAVE granted in Special Leave Petitions (C) Nos. 10746 of 1981, 1041 and 2407 of 1986.

(2) IN this group of matters a common question arises for our consideration. It is as under:

"WHETHER the provisions of the A. P. (Scheduled Areas) Land Transfer Regulation I of 1959 (hereinafter referred to as Regulation) and the subsequent Regulation No. 2 of 1963 and Regulation no. 1 of 1970 have retrospective effect and can affect transfers made prior to the coming into force of the said Regulations."

(3) WE have heard learned counsel appearing for the respective contesting parties in this group of matters. Accordingly all these appeals are. being disposed of by this common judgment.

(4) A few facts leading to these appeals may be noted at the outset.

(5) THE appellant authorities, namely, Deputy Collector (Tribal Welfare) and the District Collector functioning in Srikakulam District in the State of A. P., have brought in challenge a decision of the A. P. High court allowing Writ Petition No. 4434 of 1975 moved by the respondents, praying for a writ of mandamus under Article 226 of the Constitution of India















































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