Amreshwar Pratap Sahi, J. - (1.) SUPPLEMENTARY -Affidavit filed today, is taken on record.
(2.) HEARD learned Counsel for the Petitioners and learned Standing Counsel for the Respondents. This writ petition assails the order passed by the Prescribed Authority dated 26.2.2011 under the provisions of the U.P. Imposition of Ceiling on Land Holdings Act. The Petitioners are the daughters of Late Smt. Bhagwani Devi, widow of Late Lallan Singh. They claim rights over the disputed land under a Will said to have been executed by Bhagwani Devi, who died on 10.12.1989. The objection has been rejected holding that as against the claim of the Petitioners, who in turn claim succession through Bhagwani Devi, the order of the Prescribed Authority dated 27.4.1977 is to be treated as final and, therefore, the said land is declared to be surplus.
(3.) SRI Pandey submits that the said order cannot be treated to be final in view of the judgment of the appellate authority dated 6.3.1981 in an appeal filed by the State itself being Appeal No. 552 of 1977. He contends that the State is bound by the said judgment where the issues indicated therein including the issue relating to Hausila Singh having a separate share was still alive.;