JUDGMENT :

1. Heard Sri V.K. Pandey, the learned counsel for the petitioner and Sri S.P. Maurya, the learned Standing Counsel.

2. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged the validity of an order dated 27.02.2007 passed by the Prescribed Authority Ceiling Act/Additional Collector, Kheri in Case No. 37/2004-05 under Section 10(2) Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, whereby 5.38 hectares land of the petitioners situated in Village Sumerpur, Pargana and Tehsil Palia, District Lakhimpur Kheri was declared surplus and proceedings for taking possession of that land were initiated. The petitioners have also challenged the validity of an order dated 25.07.2008 passed by the Commissioner, Lucknow Division, Lucknow dismissing Appeal No. 102/2006-07 under Section 13(2) of the U.P. Imposition Of Ceiling On Land Holdings Act, 1960 (hereinafter referred as “Ceiling Act”) field against the aforesaid order dated 27.02.2007.

3. Briefly stated, the facts of the case are that 4.50 acre un-irrigated land of the petitioners’ father Gargaj Singh was declared to be surplus by means of a