JUDGMENT :

Dinesh Kumar Singh, J.

1. The present writ petition has been filed, seeking quashing of the order dated 18.10.1994 passed by Additional Commissioner (Judicial), Lucknow Division, Lucknow whereby learned Additional Commissioner has allowed the appeal filed by the State against the order dated 23.09.1985 passed by the prescribed authority under the provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Act, 1960').

2. Notice under Section 10(2) of the Act, 1960 was issued on 16.03.1974 against the father of the petitioners, Hari Shankar Tiwari since dead who was impleaded as respondent No.3 in this writ petition by the Prescribed Authority. Father of the petitioners filed his objection to the said notice on 20.04.1974. In the said objection, Late Hari Shankar, father of the petitioners said that a family settlement was arrived at between the parties in the year 1967 and, according to the said family settlement, shares of all the family members were determined. This settlement was reduced in writing in the year 1969 and in the year 1970, petitioner No.1, one of the sons of Late Hari Shankar, instituted a suit in the Court of Munsif