M. P. Mehrotra, J.

1. THE petition arises out of the proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, 1960, here-in-after referred to as the Act.

2. THE facts in brief are these :-

The notice under Section 10 (2) of the said Act was originally served on Bhagwat Chaudhari, father of the petitioner on 10th May, 1974. He filed objections but during the pendency of the said objections he died and the name of his son Ram Nagina, who is the petitioner before me, was substituted in the place of the deceased father-as the objector. The Prescribed Authority allowed the objections and held that the petitioner did not have any surplus land. The notice under Section 10 was, therefore, discharged. A true copy of the said order dated 31-1-1975, has been annexed to the petition and marked as Annexure 1. Inter alia, in the said order it was held that the youngest son Radhey Shyam was also a major along with his two elder brothers, who, of course, were undisputably major. Subsequently, after the amendment of the ceiling law by the U. P. Amending Act No. 2 of 1975, the Prescribed Authority set out to re-determine the surplus land and issued a fresh notice under Section