Hon’ble V.K. Shukla, J.—Petitioners of both the writ petitions are assailing the validity of the order dated 31.12.1996 passed by Prescribed Authority in proceedings under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, and as affirmed in Appeal by Additional Commissioner (Judicial) Gorakhpur Division, Gorakhpur on 15.12.1998.

2. Brief fact as are reflected from the pleadings as set out are that proceedings under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 were undertaken by issuing notice to Smt. Saraswati Devi W/o Awadhesh Saran R/o Village Mohammadpur, Tappa Biraicha Pargana Haveli Tehsil Sadar District Maharajganj on 7.3.1981 wherein 18.20 acres of land was proposed to be left out and rest of the land 43.85 acres was proposed to be declared surplus. On 30.4.1988 proposed determination was finalised by the Prescribed Authority, thereafter an application was moved for setting aside said order by Girishpati Tripathi, Rakeshpati Tripathi and others and second application was moved by Saraswati Devi herself. Both the restoration applications were accepted and proceedings in question were restored and ex-parte order da