SHIV GANESH Vs. STATE OF U P

JUDGEMENT

(1.) KRISHNA Murari, J. Heard Sri B. Malik, learned Counsel for the applicants-petitioners, Sri Sanjai Goswami, learned standing Counsel for the State respondents and Sri Awadhesh Singh holding brief of Sri R. C. Gupta appearing for the allottees seeking impleadment.

(2.) BY means of this application the applicants-petitioners have sought a review of the judgment of this Court dated 9-4-2002 dismissing the writ petition. The facts in short are that tenure- holder Sri Brij Bhushan Lal (father of the petitioners No. 1 and 2 and grand father of petitioner No. 3) was issued a notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) in the year 1974 proposing to declare an area of 12. 90 acres in terms of irrigated land as surplus. The said notice was contested by the tenure- holder by filing objection which was registered as case No. 75 of 1974. The Prescribed Authority vide order dated 10-12-1974 confirmed the notice and declared 12. 90 acres of land as surplus in the hands of the tenure-holder against which the appeal was field.

(3.) IN view of the aforesaid amendment the Prescribed Authority issued a fresh notice and proceedings were drawn afresh for determination of the surplus area and accordingly a fresh case No. 293 of 1976 was registered.