KAMLA KANT Vs. III ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Mr Amrendra Nath Tripathi, learned counsel for the petitioners as well as learned Standing Counsel.

(2.) Through the instant writ petition, the petitioners have challenged the order dated 13.1.1978, passed by the Prescribed Authority, Kunda, Pratpgarh in Ceiling Case No. 99 of 1974 as well as the order dated 5.7.1978, passed by the II Additional District Judge, Pratapgarh in Revenue Ceiling Appeal No. 3 of 1978 and other connected appeals.

(3.) The petitioners are lease holders of the land declared as surplus land of respondent no. 4. Therefore, after declaration the land as surplus they filed objection before the Prescribed Authority, claiming their right available there on the basis of registered lease executed in their favour. The Prescribed Authority considered their objection and decided the case by judgment and order dated 25.1.1975 and declared total 24 Bigha 7 Biswa 10 biswansi land as surplus. The State Government filed Revenue Civil Appeal No. 98 of 1975 before the District Judge, Pratapgarh against the order of Prescribed Authority which was dismissed by the judgment and order dated 29.4.1976. The order, passed in appeal, attained the finality as it was not challenged in the higher forum. Thus, the things took at rest but the Prescribed Authority again issued a notice under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act ( herein after referred to as Ceiling Act) against the opposite party no. 4.