JUDGMENT

K.N. Misra, J. - This writ petition is directed against the order passed by opposite parties 1 and 2 in proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, for short 'the Act'.

2. Briefly stated, the facts of the case are that a notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, (for short, the Act), was issued to the recorded tenureholder Nazim Ali son of Sri Kasim Khan, resident of Kanjarwa, District Bahraich. This notice was in respect of the land situate in several villages including village Kanjarwa recorded in the name of Sri Nazim Ali. An objection was filed by Sri Nazim Ali against the notice served on him. After taking into consideration the objections raised by Nazim Ali, the Prescribed Authority declared land measuring 25.648 acres to be surplus land. Sri Nazim Ali preferred appeal. The appellate court reduced the land declared as surplus to 16.766 acres. Sri Nazim Ali thereupon filed an application before the Prescribed Authority on 8121976 in which he indicated his choice and mentioned plots situate in village Kanjarwa which he wanted to be declared surplus land to the extent of 16.766 acres. At this stage of the proceedings the petitioners filed an application on 1311977 before the Prescribed Authority asserting that they are the tenureholders of the land situate in village Kanjarwa on the basis of a decree for partition under section 176 of the U.P. Zamindari Abolition & Land Reforms Act, dated 5959 and 30160. Petitioners had, thus, asserted that the land be not declared as surplus in respect of which choice was indicated by Nazim Ali in his application before the Prescribed Authority. The objection filed by the petitioners was rejected by the Prescribed Authority, vide judgment and order dated 2311978 with the observations that since the objectors have not placed any evidence on record, in opposition to the choice indicated by Sri Nazim Ali and it is also not indicated under which provision the said objection has been filed by the petitioner, and, as such, it deserves to be rejected. The Prescribed Authority with these observations declared land measuring 16.766 acres in irrigated terms as surplus land in the hand of opposite party No.4, who was recorded as tenureholder of the land holding in question situate in several villages. Aggrieved by this order petitioners had preferred appeal which was dismissed by District Judge, Bahraich, vide order dated 3778 holding that the appeal was not maintainable as the appellants were not parties to the proceedings under Section 11(2)(a) of the Act. The land in dispute was recordied in the name of Nazim Ali as tenureholder and during the pendency of the objection filed by Nazim Ali before the Prescribed Authority, the appellants had not filed any objection asserting their claim in respect of the land in dispute. They did not make any application for being impleaded as party in the case nor they had put in appearance in the appeal filed by Nazim AM. Thus with these observations learned District Judge held that the appeal filed by the petitioners was not maintainable because they could not be said to be aggrieved person within the meaning of Section 13 of the Act.

3. After dismissal of their appeal on the said preliminary ground the petitioners filed objection before the Prescribed Authority on 171078 under Section 13A of the Act for the cancellation of the order dated 2311978 and that they be treated to be tenureholder of the land situate irt village Kanjarwa and it be held that Nazim Ali is not the tenureholder of the same. The petitioners in their objection interalia pleaded that they are tenureholders of the aforesaid land in question and their right, title and interest has been declared in a suit for partition between the parties decided on 591959 and in pursuance thereof final partition decree was also prepared on 30th November, 1960. This objection was opposed oil behalf of the State on the ground that no such ob