1. This petition arises out of the proceedings under the U. P. Imposition of Ceiling on Land Holdings Act.

2. The facts, in brief, are these. The petitioner Hakim Khan was issued the notice under S.10 (2) of the Act and he filed objections. They were decided by the Prescribed Authority and thereafter, both the tenure - holder and the State went up in cross - appeals and both these appeals were decided by the appellate court on 14-9-1975 and 1.20 acres was declared as surplus land. The said order became final. Subsequently, after the amendment of the Ceiling Act, a fresh notice under S.10 (2) of the Act was issued to the petitioner whereby 6.34 acres of irrigated land was sought to be declared as surplus; a true copy of the said notice has not been annexed to the writ petition. However, it has been referred to in the orders passed by the Ceiling Authorities. Objections were filed by the petitioner and one of his objections was that in the earlier ceiling proceedings some land had already been declared as surplus land and there was no occasion for issuing a fresh notice to him under S.10 (2) of the Act. It was further contended that the earlier order should operate as res judicata in