VidhiSangh

Supreme Court of India · 17/12/2024

STATE OF UTTAR PRADESH & ANR. versus SURESH CHANDRA TEWARI & ORS.

[2024] 12 S.C.R. 708

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Summary

The Supreme Court restored a ceiling-surplus declaration under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, holding that once the family-settlement plea had been rejected in an earlier round that attained finality, the tenure-holder's son could not reopen it by claiming lack of separate notice; the second round was an abuse of process and barred by res judicata.

Issues

  1. Whether, after the plea of a pre-cut-off family settlement had been rejected in ceiling proceedings that attained finality, members of the family could reopen the surplus declaration on the ground that no separate notice under Section 10(2) was served on each of them.
  2. Whether the High Court was right in setting aside the appellate order of the Additional Commissioner (Judicial) on the ground of absence of separate notices.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 21.02.2022 set aside and the order of the Additional Commissioner (Judicial) upheld; District Magistrate, Hardoi directed to take possession of the declared surplus land immediately and distribute it to the landless in accordance with law.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 708.