D.P. Singh, J. - (1.) The present writ petition arises out of proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, 1960, (hereinafter referred to as the Act).
(2.) A notice under Section 10 (2) of the Act was served upon the contesting respondents wherein it was proposed to declare 6.39 acres of land as surplus. The respondent No. 1 filed its objection which was rejected by the Prescribed Authority and the notice was affirmed by its order dated 28.7.1977. On appeal preferred by respondent No. 1, the Additional District Judge, Varanasi, allowed the same vide its order dated 10th of May, 1978. The petitioner filed the present writ petition before this Court challenging the aforesaid appellate order. The writ petition was dismissed by this Court on 9th November, 1978. A special leave petition was preferred by the petitioner before the Apex Court against the order of this Court which was allowed by an order dated 26.11.1996 and the matter was remanded to this Court for decision afresh on merits. While the matter remained pending before the superior courts, an application under Section 13 (a) of the Act read with Section 151, C.P.C. along with an application under Section 5 of the Limitation Act was filed by the petitioner before the prescribed authority to the effect that the respondent No. 1 in fact possessed 362.26 acres of surplus land which by mistake could not be included in the earlier notice under Section 10 (2) of the Act and thus the notice should be amended and simultaneously the order dated 28.7.1977 passed by the prescribed authority be also modified. The prescribed authority in spite of the objection filed on behalf of the respondent No. 1 allowed the said application by its order dated 18th April, 1980 and declared 362.26 acres of land as surplus. This resulted in a second round of litigation and an appeal was filed against the aforesaid order before the District Judge, Varanasi. The appellate authority vide its order dated 17th February. 1983, quashed the order of the prescribed authority dated 18.4.1980. Aggrieved the petitioner filed Writ Petition No. 7830 of 1983 which was dismissed by this Court on 11th July, 1983. This dismissal gave rise to another special leave petition before the Supreme Court which was allowed by an order dated 23.1.1995 and the matter was again remanded back to this Court for decision afresh.
(3.) Both these writ petitions are before this Court. Substantially, the facts and arguments in both these cases are identical. Thus, both the petitions are being disposed of by this common order.;