DARSHAN PRASHAD Vs. CIVIL JUDGE II GORAKHPUR

JUDGEMENT

(1.) These two appeals by grant of Special Leave are directed against the judgment of the Allahabad High Court dated 11-5-1979. A notice under S. 10(2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the 'Ceiling Act, 1960') as amended by Act No. 20 of 1976 was issued to the appellant Darshan Prashad. The appellant filed objections, but the same were dismissed by the prescribed authority by order dated 28-5-1976. Thereafter two appeals were filed one by Darshan Prashad and the other by Smt. Saraswati Devi claiming to be the judicially separated wife of Darshan Prashad. Both appeals were dismissed by the Civil Judge No. 11, Gorakhpur. Darshan Prashad then filed Writ Petition No. 2764 of 1977 and Smt. Saraswati Devi Writ Petition No. 2856 of 1977 challenging the order of the Civil Judge. The High Court dismissed both the Writ Petitions by order dated 11-5-1979. Being aggrieved by the findings of the prescribed authority and the High Court, the appellants have now filed the present appeals.

(2.) The first contention raised by Learned Counsel for the appellants was that notice issued under S. 10(2) was illegal and without jurisdiction. It was contended that in the earlier ceiling proceedings 0. 87 acres of land was declared surplus under the provisions of the Ceiling Act, 1960 before coming into force of the Amendment Act No. 20 of 1976 and the order passed in the earlier ceiling proceedings would operate as res judicata. It was submitted that there was no change in the law to justify issuing of fresh notice.

(3.) We do not find any force in this contention. The Amendment Act No. 20 of 1976 inserted two Sections 38-A and 38-B in the Principal Act of 1960. Section 38-A and 38-B are reproduced as under..-