( 1 ) THE present writ petition arises out of proceedings under the U. P. Imposition of Ceiling on land Holdings Act, 1960, (hereinafter referred to as the Act ).

( 2 ) A notice under Section 10 (2) of the Act was served upon the contesting respondents wherein it was proposed to declare 6. 39 acres of land as surplus. The respondent No. 1 filed its objection which was rejected by the Prescribed Authority and the notice was affirmed by its order dated 28. 7. 1977. On appeal preferred by respondent No. 1, the Additional District Judge, Varanasi, allowed the same vide its order dated 10th of May, 1978. The petitioner filed the present writ petition before this Court challenging the aforesaid appellate order. The writ petition was dismissed by this Court on 9th November, 1978. A special leave petition was preferred by the petitioner before the Apex Court against the order of this Court which was allowed by an order dated 26. 11. 1996 and the matter was remanded to this Court for decision afresh on merits. While the matter remained pending before the superior courts, an application under Section 13 (a) of the Act read with Section 151, C. P. C. along with an application