JUDGMENT

KASLIWAL, J.:- These two appeals by grant of Special Leave are directed against the judgment of the Allahabad High Court dated 11-5-1979. A notice under S. 10(2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Ceiling Act, 1960) as amended by Act No. 20 of 1976 was issued to the appellant Darshan Prashad. The appellant filed objections, but the same were dismissed by the prescribed authority by order dated 28-5-1976. Thereafter two appeals were filed one by Darshan Prashad and the other by Smt. Saraswati Devi claiming to be the judicially separated wife of Darshan Prashad. Both appeals were dismissed by the Civil Judge No. 11, Gorakhpur. Darshan Prashad then filed Writ Petition No. 2764 of 1977 and Smt. Saraswati Devi Writ Petition No. 2856 of 1977 challenging the order of the Civil Judge. The High Court dismissed both the Writ Petitions by order dated 11-5-1979. Being aggrieved by the findings of the prescribed authority and the High Court, the appellants have now filed the present appeals.

2. The first contention raised by Learned Counsel for the appellants was that notice issued under S. 10(2) was illegal and without jurisdiction. It was contended that in the earlier ceiling proceedings 0. 87 acres of land was declared surplus under the provisions of the Ceiling Act, 1960 before coming into force of the Amendment Act No. 20 of 1976 and the order passed in the earlier ceiling proceedings would operate as res judicata. It was submitted that there was no change in the law to justify issuing of fresh notice.

3. We do not find any force in this contention. The Amendment Act No. 20 of 1976 inserted two Sections 38-A and 38-B in the Principal Act of 1960. Section 38-A and 38-B are reproduced as under..-

"38-A. Power to call for particulars of land from tenure-holders.- (1) Where the prescribed authority or the appellate Court considers it necessary for the enforcement of the provisions of this Act, it may, at any stage of the proceedings under this Act, require any tenure-holder to furnish such particulars by affidavit in respect of the land held by him and members of his family as may be prescribed.

(2) The particulars of land filed under sub-section (1) may be taken into consideration in determining the surplus land of such tenureholder.

38-B. Bar against res judicata. - No finding or decision given before the commencemerit of this section in any proceeding or on any issue (including any order, decree or judgment) by any court, tribunal or authority in respect of any matter governed by this Act, shall bar the retrial such proceeding or issue under this Act, in accordance with the provisions of this Act as amended from time to time. "

4. The above provisions clearly show that the prescribed authority was given power to require any tenure-holder to furnish such particulars, by affidavit in respect of the land held by him and members of his family as may be prescribed which may be considered necessary for the enforcement of the provisions of the Ceiling Act. It is clearly provided under Section 38-B inserted by the Amending Act as mentioned above that any finding or decision given before the commencement of this Section will not operate as a bar for the retrial of such proceeding or issue in accordance with the provisions of the Act as amended from time to time. The appellants had raised a similar objection before the High Court, but the same was rejected on the ground that if an earlier judgment is said to operate as res judicata in the subsequent proceedings, then all the necessary facts including pleadings of the earlier litigation must be placed in the subsequent proceedings. The High Court further observed that in the instant case, the earlier notice under Section 10(2) which was issued to the tenure-holder along with the statement prepared in Form No. 3 were not placed before the ceiling authorities in subsequent proceedings. It was further held that even in the writ petition no