Judgment

G.N. RAY, J. : - In this appeal by grant of special leave the appellants, four in number, being sons of late Shri Wadood Ali Khan, have challenged the legality, validity and propriety of redetermination of ceiling on lands of the said Wadood Ali Khan under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (here in after referred to as the Ceiling Act). The relevant facts of the case of the appellants in this appeal are as follows -

(a) The appellants are four sons and legal representatives of late Shri Wadood Ali Khan who had died on 20-8-1974. It is contended that in addition to the appellants the said Wadood Ali Khan had left the other heirs and legal representatives, namely, three sons - Maskhur Ashud Khan, Mohdud Ali Khan and Mashkoor Ali Khan, widow Smt. Firdaus Begum and daughters Shabana Begum, Farzana Begum and Qaiser Jahan Begum.

(b) That after the death of Wadood Ali Khan, the Prescribed Authority under the Ceiling Act served a notice under S. 10 of the Ceiling Act proposing to declare lands to the extent of 178-15-19 bighas of irrigated land as surplus. Such notice under S. 10 was served on appellant No. 1 although the notice was addressed to the deceased Wadood Ali Khan.

(c) Appellant No.1 filed objections before the Prescribed Authority and also participated in the proceedings for determination of ceiling. Such proceeding was decided by the Prescribed Authority by its judgment dated 29th April, 1975, inter alia, partly upholding objections of the appellant and declaring 871-19-19 bighas of irrigated lands as surplus and treating the late Wadood Ali Khan as the tenure holder.

(d) The appellants filed an appeal before the learned Civil Judge against the aforesaid decision of the Prescribed Authority and it is stated in the appeal petition that such appeal was pending.

(e) The Ceiling Act was amended from time to time and in 1976 the Ceiling Act was further amended by the U. P. Act No. 20 of 1976. Such Amending Act received the assent of the President on 30th April, 1976 and was published in the U.P. Gazette extraordinary dated 3rd May, 1976. Various changes in different Sections of the Ceiling Act were introduced by the said U.P. Act, 1976. S. 31(3) of the said U.P. Act 20 of 1976 provides as follows:

31.(3) Where an order determining surplus land in relation to a tenure holder has been made under the principal Act before the tenth day of October, 1975, the Prescribed Authority (as defined in the principal Act) may, at any time within a period of two years from the said date, redetermine the surplus land in accordance with the principal act as amended by this Act, whether or not any appeal was filed against such order and notwithstanding any appeal (whether pending or decided) against the original order or determination of surplus land.

(f) The Prescribed Authority issued a notice to the appellant No. 1 on 8th July, 1976 under S. 10(2) of the Act inter alia holding that 199-1-1 bighas of irrigated lands were proposed to be declared surplus. The appellants filed objections to the proposed action of redetermination of ceiling by raising various objections. The Prescribed Authority thereafter disposed of the proceeding of redetermination of ceiling by order dated 22nd December, 1976 to the effect that 125-38-16 bighas of irrigated lands belonging to the said Wadood Ali Khan were surplus which were owned by Wadood Ali Khan as tenure holder on the appointed day.

(g) The appellants preferred an appeal in the Court of District Judge, Saharanpur, against such order dated 22nd December, 1976, but such appeal was dismissed by the learned Additioinal. District Judge by Judgment and Order dated 16th May, 1977. The appellants thereafter moved a Writ Petition in the Allahabad High Court being Civil Misc.Writ 2955/ 77 which was disposed of by Order dated 29th November, 1976 (sic).

(h) The writ petitions moved by the appellants were disposed of by the Allahabad High Court inter alia to the effect that previous dete