JUDGMENT :

Saurabh Shyam Shamshery, J.

1. This case has a chequered history and this is the third round of litigation which has reached up to this Court. The facts in brief are that the for first time, proceedings were initiated against the Rais Ahmed predecessors of the petitioners under Section 10(2) of the U.P. Imposition of Ceiling on Land Holding Act, 1960 (hereinafter referred to as 'the Act of 1960') in the year 1961, which were dropped by the Prescribed Authority, by an order dated 1.5.1963 on the ground that their had been a family settlement in the year 1959 before the due date and the land with tenant holder was within ceiling limit.

2. Thereafter, a second notice was issued under 'the Act of 1960' in the year 1974 and again objections were filed. The notice was cancelled by the order dated 31.1.1975 passed by the Prescribed Authority again on the ground that there was a family settlement and due to that, there was no surplus land with the tenant holder. It appears that a recall/review application was entertained and it was allowed on 25.7.1975 on the ground that mutation order which had been carried out, pursuant to the family settlement, had been put in abeyance by the Ad