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 unirrigated. Thereafter appellate Court allowed the appeal in part on 11.4.1980 and reduced the area of surplus land from 7.62 acres to 5.62 acres in terms of irrigated land. Consequential order was passed by the Prescribed Authority on 15.7.1980.

2. In the aforesaid proceedings father of the petitioner i.e. original respondent No. 3 did not raise any point pertaining to joint bhoomidhariship of the petitioner with him. For the first time in 1985/86 when proceedings for taking possession of surplus land were going on against Babu Ram, petitioner filed objections before Prescribed Authority. Petitioner contended that he was born in 1949 hence he had birth right in the Sir and Khudkast land of his father-respondent No. 3. It is important to note that petitioner’s name was never recorded in the revenue records. Annexure-1 is copy of the application which does not bear any date. It appears that another application was filed on 18.7.1985 by the petitioner seeking recall of the orders passed against his father. Petitioner himself filed documents before Prescribed Authority pertaining to consolidation including copies of C.H. form No. 23, 41 and 45. Even during consolidation proceedings no plea was raised by the petitioner and he did not assert his right therein. Annexure-4 to the writ petition is copy of the list of documents filed by the petitioner before Prescribed Authority under the Ceiling Act. C.H. form No. 23, 41 and 45 are mentioned at Sl No. 10, 11 and 12.

3. The objections of the petitioner which had been registered as case No. 166/48/85 were allowed by Prescribed authority, Najibabad on 3.2.1986. The prescribed authority also mentioned in its order about the consolidation of holdings forms No. 23 and 41. Prescribed Authority held that prior to zamindari abolition land in dispute was Sir and Khudkast of petitioner’s father hence petitioner had right therein since his birth irrespective of the fact that his name was never recorded in the revenue records. Against the said order State filed appeal being Ceiling appeal No. 53/86-87. Additional Commissioner (Administration), Moradabad Division, Moradabad through judgment and order dated 1.5.1987 allowed the appeal, set aside the order of the Prescribed Authority dated 3.2.1986 and maintained the earlier orders against respondent No. 3 declaring 5.62 acres irrigated land as surplus. This writ petition is directed against the said appellate order.

4. During pendency of writ petition respondent No. 3 has died and has been substituted by Subhash Chandra real brother of the petitioner. The appellate Court allowed the appeal and dismissed the objections of the petitioner on the ground of delay. Appellate Court held that petitioner was aware of the ceiling proceedings against his father, hence he should have filed the o