Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties.

2. This writ petition arises out of proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1960. Initially Prescribed Authority on 29.3.1976 declared an area of about 49 bighas land as surplus land held by the petitioner tenure-holder. Thereafter, petitioner filed Revenue Appeal No. 143 of 1976. In the said appeal on 7.5.1976, three issues were remitted to the Prescribed Authority one of which was regarding ancestral character of several plots. Thereafter appeal was remanded to the Prescribed Authority and it was specifically directed that partition decree dated 26.7.1972 should be taken as correct and on the basis of the same surplus land shall be determined by the Prescribed Authority. The said order was passed on 18.7.1977 by District Judge, Banda, copy of which is Annexure-1 to the writ petition. It was further directed that other points need not be decided by the Prescribed Authority. Thereafter, Prescribed Authority decided the matter on 14.2.1979, which decision was reversed in appeal again and matter was again remanded. Thereafter, Prescribed Authority/S.D.O. Baberu, District Banda decided the m