Hon’ble S.U. Khan, J.—This writ petition arises out of proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1961. Notice under Section 10(2) of the Act was served upon the original respondent No. 3 Babu Ram father of petitioner, in the year 1974. In the notice it was proposed to declare an area of 5.3 acres of agricultural land belonging to original respondent No. 3 to be declared as surplus. Objections were filed which were rejected by Prescribed Authority. By order dated 21.6.1976 Prescribed Authority declared 7.62 acres of irrigated land belonging to original respondent No. 3 as surplus land. Appeal filed against the said order was also dismissed by the District Judge through judgment and order dated 12.8.1977. Against the said order writ petition was filed being writ petition No. 3865 of 1977 by the respondent No. 3 writ petition was allowed on 28.3.1979 and matter was remanded to the appellate Court for deciding the appeal afresh. Judgment of the earlier writ petition has not been filed however from para-10 of the instant writ petition it appears that the matter was remanded only for considering the question of nature of land being irrigated or unirrigate