M. M. PUNCHHI, G. B. PATTANAIK, A. P. MISRA
Devendra Nath Singh – Appellant
Versus
Civil Judge, Basti – Respondent
Judgement
The sole question for consideration in this appeal is whether the Prescribed Authority in exercise of his powers under Section 13-A of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 can reopen a matter already decided and readjudicate the question whether the two sons of the original land holder, deceased Devendra Nath Singh, namely Hamendra and Shailendra were major or minor. On a proceeding being initiated, pursuance to notice under Section 10(2) of the Act, the Prescribed Authority by his order dated 30th January, 1975 came to the conclusion that the deceased Devendra Nath Singh had no surplus land in his possession inasmuch as the two major sons Hamendra and Shailendra were entitled to their share in the property. Shortly thereafter a fresh notice was issued by the said Prescribed Authority in purported exercise of his power under Section 13-A of the Act, intimating there under that some other land has not been taken into account. In course of the subsequent proceeding which stood initiated, the Prescribed Authority came to the conclusion that the two sons of the deceased Devendra Nath, namely, Shailendra and Hamendra were not major on the appointed date and
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