Arun Tandon - (1.) -Heard Sri N. B. Nigam on behalf of the petitioner and Sri S. K. Singh counsel on behalf of the respondent Nos. 5 to 17 as well as standing counsel on behalf of the respondent Nos. 1 to 4.
(2.) THIS writ petition is an example of abuse of process of the Court by a person filing successive writ petitions and obstructing the allotment of surplus land to poor persons for whose interest the U. P. Imposition of Ceiling on Land Holdings Act was enacted. THIS Court is deeply shocked with the manner in which successive writ petitions have been filed before this Court and interim orders obtained time and again. The relevant facts for decision of the writ petition are that proceedings under Section 10 (2) were initiated against the petitioner under the U. P. Imposition of Ceiling on Land Holdings Act, 1960, as early as in the year 1975. The petitioner filed objections. The objections were considered and the prescribed authority by means of the order dated 15th June, 1976, declared 22.5 acres as surplus in terms of irrigated land. Against the said order of the prescribed authority, the petitioner filed an appeal before the District Judge, Hamirpur, being Appeal No. 523 of 1976.
(3.) ON 11th November, 1976, the appeal was allowed and the appellate authority reduced the area of surplus land to 11.2 acres in terms of irrigated land. Against the said order the petitioner filed Writ Petition No. 1025 of 1977 (First writ petition), which was allowed by this Court on 4th September, 1978 and the matter was remanded to the District Judge for reconsideration of the appeal filed by the petitioner. On remand the District Judge by means of the order dated 16th December, 1979, allowed the appeal and reduced the area of the surplus land to 7.82 acres. Despite the aforesaid order having been passed, the petitioner does not claim to have exercised any choice in respect of the land to be taken as surplus.;