K. N. SETH, J.-, J.

In proceedings under the U. P. Imposition of Ceiling on Land Holdings Act the Prescribed Authority by an order dated 29. 3. 1975 declared certain area to be surplus with the petitioner. In appeal two questions were raised; (1) that Smt. Om Biri was the minor unmarried daughter of the tenure-holder and should be treated as a member of his family for the purposes of determining the ceiling area, and (2) that plots no. 830 and 832 should have been classified as grove. The learned Judge by his order dated 10. 10. 1975 accepted the tenure holders contention that Om Biri was a minor unmarried daughter on the relevant date and she shall be treated as a member of the tenure holders family for the purposes of determining the ceiling area applicable to him. On the other question raised the learned Judge remanded the case to the Prescribed Authority for fresh finding. There after the Prescribed Authority on 26. 2. 1976 passed an order abating the case and directed that fresh proceedings be started. This order of the Prescribed Authority has been challenged by the tenure-holder.

Learned counsel for the petitioner contended that the order abating the earlier case could not be

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