JUDGMENT :

ALOK MATHUR, J.

1. Heard Sri R.P. Shahi, learned counsel for the petitioner as well as learned Standing counsel appearing for the respondents.

2. The moot question which has arisen for consideration before this Court in the present writ petition is as to whether the proceedings under Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act of 1960) can be commenced once on previous occasion the land has already been declared surplus.

3. In the present case, it has been submitted by learned counsel for the petitioner that notice under Section 10 (2) of the Act of 1960 was issued to the petitioner i.e. Raj Bahadur Singh on 24.1.1985. The petitioner had submitted his objections. He submitted that on previous occasion also notice under Section 10 (2) of the Act of 1960 was issued to him and the order was passed by the prescribed authority on 5.2.1977 and certain portion of his land was declared surplus which had become final. Consequently second notice in this regard cannot be issued to him.

4. The prescribed authority rejected his objections and categorically stated that second notice can be issued to him. He also recorded the fact that