SEWA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT petition is filed assailing the impugned judgment and order dated 16.12.1982 passed by SDO/Prescribed Authority (Ceiling), Rudrapur, District Nainital as well as judgment and order dated 12.04.1985 passed by the 1st Additional District Judge, Nainital, whereby land of the petitioner measuring 1.94 hectare was declared as surplus land and an appeal arising from the judgment of the Prescribed Authority declaring 1.94 hectare land as surplus land was dismissed.

(2.) UNDISPUTEDLY , earlier a notice under Section 10 (2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 was issued to the petitioner, wherein land of Khasra Nos. 134, 135, 136 and 137 were involved and, vide judgment dated 05.03.1975, 2 bighas and 12 biswas land was declared surplus. Feeling aggrieved, the petitioner preferred Ceiling Appeal No. 235 of 1975 (N) which too came to be dismissed by the Appellate Authority, vide judgment dated 27.5.1976. Thereafter second notice under Section 10 (2) of the Act was issued to the petitioner pertaining to the same land to show cause as to why 1.94 hectare land be not declared as surplus land. The petitioner took objection before the Prescribed Authority that second notice ought not to have been issued and was barred by Section 13 -A of the U.P. Imposition of Ceiling on Land Holdings Act as well as was barred by principle of res judicata. However, the Prescribed Authority did not agree with the defence of the petitioner and was pleased to declared 1.94 hectare land as surplus land, vide judgment dated 16.12.1982, and appeal arising therefrom being Civil Appeal No. 11 of 1983 was dismissed by the 1st Additional District Judge, Nainital, vide impugned judgment dated 12.4.1985. Feeling aggrieved, petitioner approached Allahabad High Court by way of filing WPMS No. 9359 of 1985, which was transferred to this Court after the appointed day and was renumbered as WPMS No. 1486 of 2001.

(3.) SECTION 13 -A and Section 14 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 read as under :