Jagdish Sahai, J. - (1.) THE Agricultural and Industrial Syndicate Limited Saharanpur (hereinafter referred to us the petitioner) holds about 2, 000 acres of land. Under the provisions of the Imposition of Ceiling on Land Hold ings Act (hereinafter referred to as the Act), the prescribed Authority after hearing the petitioner, carved out some land as "surplus land" from its holding. Dis satisfied with the order of the prescribed Authority, the petitioner appealed to the District Judge, Saharanpur under the pro visions of Section 13 of the Act, who relying upon Kali Prasad v. State of Uttar Pradesh. 1964 All LJ 896 dismissed it on January 31, 1964.
(2.) THE petitioner then filed writ petition No. 1701 of 1964 in this Court which came up for hearing before a learned sinele Judge, who referred the case to a Division Bench. On a refer ence made by the Division Bench the matter has come before us. While the case was still pending before the learned Single Judge, on 18-9-1967 the petitioner made an amendment application to the writ petition for the incorporation in it of the plea that the village in which the holding is situate having come under consolidation opera tions by virtue of the notification dated 13-3-1959. the proceedings under the Act had to be stayed under Section 5 of the U. P. Consolidation of Holdings Act hereinafter referred to as the Consolida tion Act. This amendment was allowed.
(3.) TWO questions were canvassed before the learned Single Judge. The first one related to the correctness or otherwise of the Full Bench decision of this Court in Raja Yuverai Datt Singh v. Prescribed Authority. 1968 All LJ 292 = (AIR 1968 All 305) (FB) by which the earlier decision in 1964 All LJ 896 was overruled. The other one was whether the proceedings under the Act would have to be abated under the provisions of Section 5 of the Consolidation Act.;