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1975 Supreme(All) 506

K.N.SETH, G.C.MATHUR
Kshetrapal Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


JUDGMENT :

K.N. Seth, J.

The above noted petitions raise a common question and may conveniently be disposed of by a common judgment.

2. The Petitioners are tenure holders to whom notices, together with copy of the statements prepared under Sub-section (1), have been issued under Sub-section (2) of Section 10 of the U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Ceiling Act). Some of the Petitioners filed objections challenging the correctness of the statements prepared by the Prescribed Authority. Thereafter they made applications to the Prescribed Authority asserting that as the villages where their holdings are situate have come under consolidation operations consequent to notifications issued u/s 4(2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Consolidation Act), the proceedings under the Ceiling Act cannot continue and should be abated and may be revived after the consolidation operations are complete and notifications u/s 52 of the Consolidation Act are issued. The Prescribed Authority rejected the applications. The view taken by the Prescribed Authority has been challenged in some of the petitions noted above. Other

















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