Hon’ble Sudhir Agarwal, J.—The writ petition is directed against the order dated 26.6.1980 passed by Prescribed Authority (Ceiling), Puwayan, Shahjahanpur in Ceiling Case No. 968 and appellate order dated 9.9.1985 in Misc. Civil Appeal (Ceiling) No. 72/80 confirming order under appeal and dismissing the appeal.

2. The facts in brief giving rise to the dispute in the present case read as under.

3. In respect to certain plots, numbers whereof are given in para 1 of the writ petition, Rohitash Shah alias Babu Shah and Kirat Shah were recorded co-sirdars. The aforesaid plots situate in Village Bela Pargana Khutar, District Shahjahanpur. Sri Rohitash Shah applied for grant of Bhumidhari rights on 18.5.1967 in respect to his half share in the land in question. The Assistant Collector passed order granting Sanad on 30.5.1969. The co-tenure-holder Kirat Shah raised a dispute that share of Rohitash Shah was one-third and not one-half.

4. The aforesaid dispute was pending in the Revenue Court. In the meantime, on 23.5.1967, i.e. after five days from the date Rohitash Shah had applied for grant of Bhumidhari Sanad, he executed a sale-deed claiming himself to be Bhumidhar in favour of Man Singh son of Basakha Singh and Pooran Singh son of Ladda Mal. The sale-deed dated 23.5.1967 is on record as Annexure 1 to the writ petition. Subsequently Man Singh and Pooran Singh sold their bhumidhari rights of land purchased by them from Sri Rohitash Shah to Sri Chandan Singh (the petitioner), Surjit Singh, Dilip Singh and Moola Singh vide sale-deed dated 20.12.1968. The petitioner thus claim his right to the land in question pursuant to sale-deed dated 20.12.1968.

5. In the revenue record, however, it appears that name of Rohitash Shah continued. On 29.6.1974, Prescribed Authority issued a notice under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as “1960 Act”) to Rohitash Shah showing 39.66 acres of total land out of which 0.08 acres was shown as Abadi, 3.77 acres shown as grove and rest “irrigated area”. After deducting permissible ceiling area of 27.90 acres, 9.71 acres land was shown surplus.

6. Surjit Singh, brother of petitioner, moved an application on 1.1.1975 requesting for his impleadment in the above ceiling proceedings but this application was rejected on 1.1.1975. An objection was also filed by Sri Rohitash Shah on 16.9.1974 which was also rejected by Prescribed Authority on 4.2.1975 and he declared 9.71 acres of “irrigated area” as surplus. Surjit Singh filed appeal No. 457 of 1975 and Rohitash Shah filed appeal No. 497 of 1975. Both these appeals were allowed vide judgment dated 22.9.1975. The matter was remanded to Prescribed Authority directing him to allow impleadment of Surjit Singh and decide the matter afresh. Prescribed Authority, however, vide order dated 5.7.1976 rejected claim of Surjit Singh giving no weight to the sale-deed executed in his favour alongwith others but partly allowed objection of Sri Rohitash Shah reducing the area of surplus land which was earlier declared and now it was confined to 8.29 acres of irrigated area.

7. Now, two sons of Rohitash Shah namely Gyanendra Shah and Mahendra Shah filed appeal No. 302 of 1976 since in the meantime Rohitash Shah died. Surjit Singh also filed appeal No. 23 of 1977. The appeal of Surjit Singh was dismissed on 26.3.1977 while appeal filed by two sons of Rohitash Shah was partly allowed on 7.1.1977. Surjit filed writ petition No. 2549 of 1977 (Surjit Singh v. State of U.P.) which was dismissed on 11.7.1979.

8. The petitioner claimed knowledge of the above ceiling proceedings in 1979 and that the land possessed by him has been declared surplus without issuing any notice to him. He filed objection alongwith affidavit and application for condonation of delay on 18.10.1979 and an affidavit was also filed on 6.12.1979. The aforesaid objection of petitioner was rejected by Prescribed Authority on 26.6.1980 whereagainst an a