M.P.Mehrotra, J. - (1.) This petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
(2.) The facts, in brief, are these. The petitioner 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 31-8-1976, a true copy whereof, is Annexure I to the petition. Thereafter, an appeal was filed and the same was dismissed by the appellate court by its judgment dated 11-4-1978, a certified copy whereof is Annexure 2 to the) petition. Now the petitioner, has come up in the instant writ petition and in support thereof, I have heard Sri S. A. Shah learned counsel for the petitioner. In opposition, the learned Standing Counsel has made his submission.
(3.) Two contentions have been pressed before me: The first one is that some land of Aziz Ilahi and Mobarak Khan was wrongly included in the holding of the petitioner. Reliance was placed on the decree which had been passed under Section 229-B of the Act, after 24-1-1971, whereby the land in question was declared to belong solely to the said two sons of the petitioner. It is further contended that the said decree has been accepted in the earlier ceiling proceedings and the same should be treated to be binding in the subsequent ceiling proceedings. He placed reliance on the decision of Mr. Justice Gopi Nath in Ramlal v. State (1978 All LJ 1197) , and on the Division Bench pronouncement in Kedar Singh v. State, 1979 All WC 692 : (1980 All LJ 36) . He also placed reliance on the Division Bench pronouncement in Keshan Kumar v. State of U. P. (Civil Misc. Writ Petn. No. 3073 of 1977 decided on 21-9-1979) .;