ALLAHABAD HIGH COURT
, J
Hakim Khan v. State
| Table of Content |
|---|
| 1. overview of case details and procedural history. (Para 1 , 2 , 3) |
| 2. arguments regarding the applicability of previous decisions. (Para 4 , 17) |
| 3. clarifications on the res judicata and legislative intent. (Para 5 , 6 , 15) |
| 4. final decision and exercise of high court’s discretion. (Para 10 , 16 , 18) |
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 we
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