ANAND NATH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) In this writ petition the petitioners are challenging the impugned notice dated 4.3.2003 issued under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Act) for declaring of the land of the petitioners as surplus.

(2.) The contention of the petitioner is that in respect of the same plots of the tenure holder the same authority had earlier issued notices and proceedings were commenced under Section 10 of the Act, 1960 and those proceedings had concluded by the order dated 11.8.1976 passed by the Prescribed Authority filed as Annexure-1 to the writ petition. Therefore, second proceedings on the same ground cannot be resorted too.

(3.) I have heard Sri Indra Raj Singh, learned counsel for the petitioners and learned Addl. Chief Standing Counsel for the State-respondents.