M.P.Mehrotra, J. - (1.) Both these petitions arise out of the proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, 1960.
(2.) The facts, in brief, are these:
(3.) Shri Diwakar Singh, who is petitioner in both the connected petitions, was issued the notice under Section 10 (2) of the Act and he filed objections. They were decided by the Prescribed Authority by his order dated 31-3-1977, a true copy whereof is Annex. 1 in both the petitions. Thereafter two appeals were filed one by the petitioner, who was the tenure-holder and the other by the State. Unfortunately both the appeals were not heard together otherwise much of the difficulty which has been faced by the petitioner would have been avoided. The States appeal was heard first and it was decided by the appellate court by its judgment dated 12-8-1978, a true copy whereof is Annexure 2 to writ petition No. 10247 of 1978. A certified copy of the said judgment is also on the record. Subsequently, the tenure-holders appeal came up for decision and the same was dismissed by the appellate court by its judgment dated 20-1-1979, a true copy whereof is Annexure 2 to writ petition No. 2951 of 1979. A certified copy of the said judgment is also on the record. The tenure-holders appeal was dismissed on the ground that the States appeal had already been decided and the same had become final. It has also been stated in the appellate courts judgment that it was brought to its notice that a writ petition was pending in this Court against the judgment of the appellate court allowing the said appeal of the State.;