2015 INSC 0342
                   SUPREME COURT OF INDIA

                   Ramgarh Farms and Ind. Ltd.

                      Vs.

                   State of U.P.& Ors.

                   (M.Yusuf Eqbal and Amitava Roy, JJ.)

                      21.04.2015

                      JUDGEMENT

M.Yusuf Eqbal, J.

1. These appeals by special leave are directed against the judgment and order dated 12
December, 2003 of the Allahabad High Court whereby Division Bench of the High Court
allowed the special appeals preferred by the State of Uttar Pradesh and set aside order dated
17.2.2000 passed by the learned Single Judge in Civil Miscellaneous Writ Petition, who
directed the authorities to correct the revenue record, pay compensation and deliver the
possession of the disputed land to the Appellant.

2.The factual matrix of the case is that the name of the Appellant was recorded as Bhumidar
of various lands in Nagina Tehsil. In the proceedings initiated under the U.P. Imposition of
Ceiling on Land Holdings Act, 1960 (for short 'Act of 1960'), the Appellant was served with
a notice Under Section 10 and the Prescribed Authority declared an area of 5446 acres to be
surplus land vide order dated 31.05.1962 and the Appellant was held to be entitled to certain
amount of compensation. However, later on in 1976, on the application moved by the
Collector, Bijnor, the order dated 31.05.1962 was reviewed and set aside by the Prescribed
Authority and the Appellant was held to be not entitled to any compensation as the Appellant
was not the Bhumidar and the notice issued to it Under Section 10 was erroneous. The appeal
filed by the aggrieved Appellant was dismissed by the District Court as not maintainable. The
Appellant, thereafter, moved the High Court by way of writ petition praying therein for
issuance of appropriate writ for quashing the orders of the Prescribed Authority as also that
of District Court. Learned Single Judge of the High Court allowed writ petition of the
Appellant with costs holding that the order passed by the Prescribed Authority on 31.5.1962
had become final and it was no longer open to the said Authority to determine as to whether
the Appellant was a tenure holder or not. The appeal by special leave (being Civil Appeal
No. 3047 of 1983) preferred by the State Government before the Supreme Court was
dismissed vide order dated 15.1.1996 for non -prosecution.

3. Mean while , the Ceiling Act was amended and the permissible extent of land to be held
was reduced to 18 acres. Notice dated 7.10.1976 was issued to the Appellant and vide order

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dated 29.11.1976, the Prescribed Authority declared 1067.53 acres of land of the Appellant in
two villages to be excess and this order was not challenged by the Appellant. Notification
dated 16.2.1966 was issued Under Section 4 of the Indian Forest Act whereby lands of the
Appellant in other villages were proposed to be declared as reserved forest and vide
notification dated 27.7.1970 Under Section 20 of the Forest Act, such lands were declared as
reserved forest area. These notifications were also not challenged by the Appellant. ;

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