PRABHAT KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.C.Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) Both these writ petitions arise out of the common proceedings and the same order dated 19.3.1997 rejecting appeal against the orders dated 31.1.1997 of the Ceiling Authorities, therefore as agreed by learned counsel for the parties, are being decided by this common judgment.

(3.) It is contended by Sri R.C.Singh, learned counsel for the petitioner that in respect to the holding of Sri Chandrabhan Trust, ceiling proceedings held earlier attained finality vide Prescribed Authority's order dated 25.11.1966 (Annexure 3 to the writ petition) having not been assailed in appeal before any other superior Forum. The said issue and findings recorded therein operate res judicata. In the fresh proceedings initiated under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as "Act, 1960") vide notice dated 28.5.1976, the issue(s) earlier decided could not have been reopened and it was not permissible to the Prescribed Authority to reagitate the issue afresh and record a contrary finding.