H.N. SETH, J.

1. These two petitions under Article 226 of the Constitution have, on reference by a learned single Judge, been placed before us for making appropriate orders. Both the petitions arise out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act. Whereas, in view of an apparent conflict between two single Judge decisions of this Court in the cases of Ahmad Husain and Others Vs. State of U.P. and Others, (1978) AWC 299 and Hukum Singh v. State U.P. 1978 ALJ 291, the learned Judge has referred the whole case in writ petition No. 562 of 1977 to us for decision. He has, in writ petition No. 522 of 1977 formulated the following four questions of law and has referred the same to us for opinion:

(1) Whether the ceiling authorities are precluded from examining the transfer deed or the decree which is prior to 24-1-1971 while determining the ceiling area of a tenure-holder?

(2) Whether a tenure-holder if he has not sold his entire tenancy but has retained a small portion of the tenancy, the transfer deeds executed by him between 24-1-1971 and 8-6-1973 can be examined by the ceiling authorities while determining the ceiling area of the tenure-holder?

(3) W