AMBER KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PROCEEDINGS for determination and declaration of surplus land with the petitioner under U. P. Imposition of Ceiling on Land Holdings Act, 1960 were initiated. Prescribed Authority, Jansath, district Muzaffarnagar through order dated 20.5.1976 held that petitioner possessed about 23 bighas land as surplus land. Against the said order, petitioner filed appeal being Ceiling Appeal No. 780 of 1976. One more appeal was also filed against the same judgment number of which appears to be 81 of 1976. III Additional District Judge, Muzaffarnagar allowed both the appeals through judgment and order dated 27.9.1976 and held that petitioner did not possess any surplus land. It appears that no writ petition was filed against the judgment and order dated 27.9.1976.

(3.) UNFORTUNATELY, without noticing the above authority Supreme Court in Escorts Farms Ltd. v. Commr., Kumanon Division, Nainital, AIR 2004 SC 2186, which is a two Judges authority, held otherwise. However, in the authority of Escort Farms a particular point had been assumed without determination in earlier ceiling proceedings. In that background Supreme Court held that earlier proceedings will not operate as res judicata. In the instant case, there was no assumption in the earlier proceedings. It was a clear cut decision on merit after discussion of evidence and the arguments of both the parties.