Hon’ble Mrs. Sunita Agarwal, J.—Heard Shri P.K. Mishra, learned counsel for the petitioners in the connected writ petition and Shri Ravi Shankar Prasad, learned Chief Standing Counsel.

The controversy in the connected writ petitions relate to the proceedings initiated against Badri Narayan son of Durga Prasad, petitioner in writ petition No. 45110 of 1999 under U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act).The proceedings were initiated against the petitioner with issuance of notice under Section 10 (2) of the Act dated 19.4.1974. Petitioner filed objection and case No. 114 (State v. Badri Narayan) was proceeded against him. The Prescribed Authority by judgement and order dated 4.8.1975 declared the land of the petitioner as surplus land to the extent of an area of 9.80 acres in the form of irrigated land. Aggrieved, the petitioner filed an appeal which was allowed vide judgment and order dated 11.9.1975 and the case was remanded to the then Prescribed Authority. In the meantime, one Mathura Prasad had intervened in the matter. His request was turned down, the matter travelled upto this Court and was remanded to the Prescribed Au