RAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution arising out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act.

(2.) THE petitioner has challenged the orders passed by the Prescribed Authority and the appellate authority dated 6-4-1976 and 20-9-1976 respectively. THE main ground of challenge is that since in earlier proceedings under the old Act no land was found surplus with the petitioner, the present proceedings were barred by the principle of res judicata. THE appellate authority in the proceedings had by an order dated 31-5-1975 held that no land was surplus with the petitioner. Those proceedings were concluded before the amendment of the Principal Act by Acts 2 of 1975 and 20 of 1976. THE order dated 31-5-1975 it was pleaded bound the parties and the present proceedings were misconceived. THE authorities below however re-determined the ceiling area of the petitioner and declared an area of 12 bighas, 1 biswas and 5 biswansis as surplus. This was challenged as without jurisdiction.

(3.) AGGRIEVED, the petitioner has come up to this Court. The petition concerns the true scope and construction of Section 38-B of the Act, by reference to the provisions of Section 31 of Act 20 of 1976. It also concerns the true scope and construction of the provisions of Section 49 of the Consolidation of Holdings Act.