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