Judgment

S. Saghir Ahmad, J.-Respondent No. 4, Mahant Narendra Das, was the tenure-holder of considerable agricultural land. A notice, under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as ‘the Act’) was issued to him proposing certain area to be declared as surplus. The notice was served upon the tenure-holder on 6th of February, 1974 but the tenure-holder, namely, respondent No.4, did not file any objection. Consequently, the state­ment made in the notice was confirmed and about 13 bighas 7 biswas 2 biswansis of land was declared as surplus by judgment and order dated 2.3.1974 passed by the Prescribed Authority. While the appeal against this judgment was pending before the District Judge, the Act was amended by U.P. Ordinance No. 31 of 1975, which was subsequently replaced by U.P. Act No. 20 of 1976, as a consequence of which the appeal was abated and a fresh notice, under Section 10(2) of the amended Act, was issued to the tenure-holder was filed objections and the Prescribed Authority, after hearing the parties, disposed of the case by his judgment dated 30th April, 1976. This order was challenged in appeal by the tenure-holder