MAHENDRA SINGH Vs. PRESCRIBED AUTHORITY UPPER ZILA ADHIKARI

JUDGEMENT

(1.) THIS writ petition is directed against the older dated 20th May, 1992, passed by Prescribed Authority, the order dated 20th June, 1993, affirming the said order passed by respondent No. 2 and the order dated 24th September, 1993, rejecting the review application filed by the petitioner against the order dated 2oth June, 1993.

(2.) THE facts, in brief, are that; a notice dated 5-11-1974 was issued to the petitioner under section 10 (2) of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Act') for determining surplus area. In the notice, 90 bighas 8 biswas were shown as irrigated land, 21 bighas 16 biswas as unirrigated land, 24 bighas 2 biswas as grove land and 2 bighas as 'Usar' Land-total 115 bighas 8 biswas in terms of Irrigated land were shown as holdings of the petitioner and it was proposed In the notice as to why 34 bighas of land in excess of ceiling area be not declared as surplus. THE petitioner filed an objection which was registered as Ceiling Case No. 51/8 of 1974-75.

(3.) THE appeal filed by the petitioner against the order dated 27th February, 1975, i.e. Ceiling Appeal No. 176 of 1975, came up for consideration before the Third Additional District Judge, Nainital, and the said appeal was allowed on 21st May, 1977, holding that the petitioner has no surplus land. Before the appellate court, none of the parties pointed out that the appeal preferred by the petitioner against the order of the Prescribed Authority dated 6th March, 1976, which was based on the second notice, had already been dismissed on 20th September, 1976. It appears that the State also did not prefer any writ petition esgainst the said order and that also became final.