JUDGMENT :

SARAL SRIVASTAVA, J.

1. Heard Sri B.B. Jauhari, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. The petitioner by means of the present writ petition has assailed the order dated 23.11.1983 passed by the Prescribed Authority (Ceiling), Tehsil Puwaya, District Shahjahanpur by which he has declared 4.63 acre surplus land held by the petitioner, and also the order dated 16.01.1984 passed by the Additional District Judge, Shahjahanpur dismissing the Misc. Civil Appeal No. 141 of 1983 preferred by the petitioner under Section 13 of The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the 'Act, 1960).

3. The facts, in brief, are that the petitioner was issued a notice on 02.06.1983 under Section 10 (2) of the Act, 1960 on the ground that the petitioner had 22.65 acres of irrigation land whereas, under the Act 1960, he could retain only 18.02-acre land, thus, the petitioner was having 4.63-acre excess land, therefore, why the excess land of 4.63 acres held by the petitioner be not declared as surplus land.

4. The petitioner submitted a reply contending inter-alia that the notice was issued to the petiti