The court reaffirmed that once a matter has been adjudicated and reached finality, further litigation on the same issue is barred by res judicata.

JUDGMENT

SUDHANSHU DHULIA, J.

1. Leave granted.

2. Vide The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 in the State of Uttar Pradesh the land over and above a certain limit was to be declared surplus and was then to vest with the State. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 as well as the earlier Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 were enacted in the State of U.P. immediately after the independence of the Country with this purpose. We must not forget that one of the main commitments of the leaders during the freedom struggle was that the wide disparity and inequality in distribution of land will be changed for the better and abolition of Zamindari and placing a ceiling on land, would be a step towards this goal towards the redistribution of land, based on the principles of equity and justice. Since land was in List II i.e., the State List under the Seventh Schedule of the Constitution of India, these legislations regarding land reforms were to be made by the States, and this was done not just in U.P. but throughout the country.

Consequently, different States brought about the legislations in their Sates, all aimed at land reforms and redistribution of land where one of the principal elements was putting a surplus on the land holding, the declaration of the surplus land and redistribution of this surplus land to those who were landless and marginalised farmers. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the ‘Act of 1960’) and the purpose of its enactment has to be seen in this context.

3. Out of the various provisions in the 1960 Act, Section 9 and Section 10 are important here for our purposes, which are as under :-

“9. General notice to tenure-holders holding land in excess of ceiling area for submission of statement in respect thereof -

— [(1)] As soon as may be, after the date of enforcement of this Act, the Prescribed Authority shall, by general notice, published in the Official Gazette, call upon every tenure-holder holding land in excess of the ceiling area applicable to him on the date of enforcement of this act, to submit to him within 30 days of the date of publication of the notice, a statement in respect of all his holdings in such form and giving such particulars as may be prescribed. The statement shall also indicate the plot or plots for which he claims exemption and also those which he would like to retain as part of the ceiling area applicable to him under the provisions of this Act. ]

[(2) As soon as may be after the enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, the prescribed authority shall, by like general notice, call upon every tenure-holder holding land in excess of the ceiling area applicable to him on the enforcement of the said Act, to submit to him within 50 days of publication of such notice, a statement referred to in sub-section (1).

[Provided that at any time after October 10, 1975, the Prescribed Authority may, by notice, call upon any tenure-holder holding land in excess of the ceiling area applicable to him on the said date, to submit to him within thirty days from the date of service of such notice a statement referred to in sub- section (1) or any information pertaining thereto. ]

[(2-A) Every tenure-holder holding land in excess of the ceiling area on January 24, 1971, or at any time thereafter who has not submitted the statement referred to in sub- section (2) and in respect of whom no proceedings under this act is pending on October 10, 1975 shall, within thirty days from the said date furnish to the Prescribed Authority a statement containing particulars of all land -

(a) held by him and the members of his family on January 24, 1971 ;

(b) acquired or disposed of by him or by members of his family between January 24, 1971 and October 10, 1975. ]

(3) Where the tenure-holder’s wife holds any land which is liable to be aggregated w