YASHPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vinod Kumar Rai, the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

(2.) In proceedings under Section 10[2] of the U.P. Imposition of Ceiling on Land Holdings Act,1960, the prescribed authority passed an order dated 30.12.1974, declaring two bighas, 7 biswa and 12 biswansi of land as irrigated surplus land. By a notification dated 29.9.1975 issued under section 14 [4] the surplus land was acquired by the State authorities. After a lapse of nearly nine years, a notice under Section 13-A dated 14.10.1983 was issued by the respondents alleging that on account of a mistake in the earlier notice dated 30.12.1974, certain plots of land could not be included and therefore, the respondents directed the petitioner to show cause as to why the earlier order be not rectified and further the land be not declared as surplus. The petitioner filed his objections and submitted that the proceedings cannot be re-opened under section 13-A. The prescribed authority accepted the contention of the petitioner by its order dated 14.5.1984 and held that no further surplus land could be declared against the petitioner. The State, being aggrieved by the aforesaid order, filed an appeal which was allowed by an order dated 19.1.1987. The petitioner, being aggrieved by the said order, has filed the present writ petition.

(3.) For facility, Section 13-A,Section 14[1][b] and Section 14 [4] being the relevant provisions under consideration, are being quoted hereunder :