2012 Supreme(All) 1343

[2013(1) ADJ 64 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL, J.
PRABHAT KUMAR SINGH ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 12340 and 12341 of 1997, decided on 17th May, 2012)

Headnote:U.P. Imposition of Ceiling on Land Holdings Act, 1960—Sections 10(2), 38-B and 5(6), Explanation—Surplus land—Declaration of—Contention that ceiling proceedings held earlier attained finality—Not assailed before appellate Court—Whether findings recorded by ceiling authorities in earlier proceedings could have been ignored all together in fresh proceedings initiated in 1976 after amendment of Act—Permitting fresh proceedings—And whether Section 38-B applicable—In present case sale-deed was executed prior to 24.1.1971—It does not appear correct that authorities still can possess bona fide and for valid consideration or not—Explanation to Section 5(6) would have no application in such case—Matter require reconsideration by authorities below.