KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) A notice under S. 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act as amended by Act of 1972 ended in its discharge by the Appellate Court on 24th December 1974. Similar notice under S. 10 (2) was issued on 30th Sept. 1975 which was hotly contested both on the ground of jurisdiction and merits but with no success, even, in appeal. This petition is directed against the order dated 28th Oct. 1976 and 30th June 1976 passed by the Appellate Court and the prescribed Authority in proceedings started by the second notice dated 30th Sept. 1975.

(2.) THE challenge to the order is based on non-applicability of S. 13-A of the Act conclusiveness of the earlier judgment and lack of jurisdiction of the prescribed Authority. THE dispute in this petition is mainly confined to the area of the petitioner declared surplus by the subordinate authorities on the ground that it was covered by a sale-deed executed on 29th Dec. 1971. This was not in the knowledge of the authorities when proceedings were taken earlier under S. 10 (2).

(3.) THE question then is twofold whether notice dated 30th Sept. 1975 issued under S. 10 (2) was a notice in exercise of powers under S. 13A. If so whether on the facts there was a mistake apparent on the face of the record.