20 of 1976 in view of the fact that the initiation of the proceed ings for redetermination was made after the said Act 20 of 1976 was enforced.
The Ceiling Act was amended from time to time and in 1976 the Ceiling Act was further amended by the U.P. Act No.
2955/77 which was disposed of by Order dated 29th November, 1976.
1 although the numberice was addressed to the deceased Wadood Ali Khan.
That after the death of Wadood Ali Khan, the Prescribed Authority under the Ceiling Act served a numberice under Section 10 of the Ceil ing Act proposing to declare lands to the extent of 178 15 19 bighas of irrigated land as surplus.
He has also companytended that the numberice under Section 10 2 was deliberately issued to the appel lants by ignoring the other heirs of late Wadood Ali Khan although the companycerned Prescribed Authority was aware that the said Wadood All Khan had died in 1974.
The Writ Petition moved by the appellants were disposed of by the Allahabad High Court inter alia to the effect that previous deter mination of surplus land by the Prescribed Authority did number operate as res judicata and the appellate authority was justified in ignoring the Sale Deed dated October 27,1971.
The appellants filed an appeal before the learned Civil Judge against the aforesaid decision of the Prescribed Authority and it is stated in the appeal petition that such appeal was pending.
It is companytended mat in addition to the appellants the said Wadood Ali Khan had left the other heirs and legal representatives, namely, three sons Maskhur Ashud Khan, Mohdud Ali Khan and Mashkoor Ali Khan, widow Smt.
The Prescribed Authority issued a numberice to he appellant No.
1 filed objections before the Prescribed Authority and also participated in the proceedings for determination of ceiling.
Such Amending Act received the assent of the Presi dent on 30th April, 1976 and was published in the U.P. Gazette extraordinary dated 3rd May, 1976.
20 of 1976.
From the Judgment and Order dated 29.11.1978 of the Allahabad High Court in Civil Misc.
Firdaus Begum and daughters Shabana Begum, Farzana Begum and Qaiser Jahan Begum.
Appellant No.
Writ No.
The appellants thereafter moved a Writ Petition in the Allahabad High Court being Civil Misc.
being sons of late Shri Wadood Ali Khan, have challenged the legality, validity and propri ety of redetermination of ceiling on lands of the said Wadood All Khan under the Uttar Pradesh Imposition of Ceil ing on Land Holdings Act, 1960 hereinafter referred to as the Ceiling Act .
He had also companytended that the numberice under Section 10 2 was purported to have been issued under the Amending Act of 1975 although the Amending Act of 1976 had companye into force.
The appellants filed objec tions to the proposed action of redetermina tion of ceiling by raising various objections.
Such numberice under Section 10 was served on appellant No.
The appellants preferred an appeal in the Court of District Judge, Saharanpur, against such order dated 22nd December, 1976, but such appeal was dismissed by the learned Additional District Judge by Judgment and Order dated 16th May, 1977.
Section 31 3 of the said U.P. Act 20 of 1976 provides as follows 31.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 on 8th July, 1976 under Section 10 2 of the Act inter alia holding that 199 1 1 bighas of irrigated lands were proposed to be declared surplus.
The Judgment of the Court was delivered by N RAY, J. In this appeal by grant of special leave the appellants, four in number.
Writ No.
Such proceeding was decided by the Prescribed Authority by its Judgment dated 29th April, 1975, inter alia partly upholding objections of the appellant and declaring 87 1 19 19 bighas of irrigated lands as sur plus and treating the late Wadood Ali Khan as the tenure holder.
The relevant facts of the case of the appellants in appeal are as follows The appellants are four sons and legal representatives of late Shri Wadood All Khan who had died on 20.8.1974.
2955 of 1977.
728 of 1980.
Satish Chandra, Ms. Abha jain, Gaurav Jain and Ghayyute Alam for the Appellants Ashok Kumar Srivastava for the Respot, dent.
The Prescribed Authority thereafter disposed of the proceeding of redetermination of ceil ing by order dated 22nd December, 1976 to the effect that 125 3 8 16 bighas of irrigated lands belonging to the said Wadood Ali Khan were surplus which were owned by Wadood Ali Khan as tenure holder on the appointed day.
Various changes in different Sections of the Ceiling Act were introduced by the said P. Act 1976.
