JUDGMENT :

MANISH MATHUR, J.

1. Heard learned counsel for petitioner and Sri. J.P. Maurya, learned Additional Chief Standing Counsel for opposite parties 1 to 3. No one has appeared on behalf of opposite parties 4 and 5.

2. Petition has been filed against order dated 26.02.1992 passed by the prescribed authority as well as order dated 03.08.1994 passed in appeal by the Additional Commissioner in terms of U.P. Imposition of Ceiling on land Holdings Act, 1960 (hereinafter referred to as the Act of 1960).

3. Initially, the dispute pertained only to plots numbered 572, 576 and 347 and their being irrigated or un-irrigated in terms of the provisions of Act of 1960.

4. The initially recorded tenure-holder was issued notices under Section 10(2) of Act of 1960 and in pursuance thereof, the Prescribed Authority vide order dated 27.02.1976 declared 65.108 acres of land of the tenure holder as surplus.

5. The order was challenged in appeal which was partly allowed vide order dated 27.08.1976. Against the aforesaid order, the original tenure holder filed Writ Petition No. 3043 of 1976 which was allowed vide order dated 20.12.1978 remitting the matter to Prescribed Authority for a decision afresh. In