ORDER

R.R. Rastogi, J. - These two writ petitions arise out of proceedings taken under the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter the 'Act'). They can be conveniently taken up together.

2. The facts briefly stated are that one Mahant Ram Dass was served with a notice under Section 10 (2) of the Act along with the statement showing that he had 40.94 acres of land and after allowing the ceiling area admissible to him at 18.04 acres, he had 22.90 acres surplus. Before the notice could be served on him he died. After his death Brindavan Das made an application for being impleaded in the proceedings as heir and legal representative of Mahant Ram Dass deceased. The prescribed Authority allowed that application and served a notice under Section 10 (2) of the Act on him. Brindavan Dass filed an objection to that notice. Subsequently, one Baleshwar Dass as well made an application for impleadment in the case claiming himself to be the heir and legal representative of Mahant Ram Dass deceased. The prescribed Authority allowed that application as well. Baleshwar Das also filed an objection in the case. Thereafter evidence was led by the State. On the -date fixed for the evidence of the objectors they did not turn up on 29-1- 1977. The prescribed Authority made an order declaring 22.72 acres as surplus land.

3. On 18-2-1977 Baleshwar Dass, nmade an application for setting aside the Ex parte order dated 29-1-1977. That application was allowed on that very date. On 22-2-1977 Brindavan Dass made a similar application which was allowed on 4-3-1977. Thereafter these persons gave their evidence and the Prescribed Authority, by its order dated 31-3-1977 held, that only the land recorded in the name of Mahant Ram Dass could be treated as belonging to him while the land recorded in the name of deities could not be so treated and on that view 19.43 acres of irrigated land was held as belonging to Mahant Ram Dass and out of the same 1.39 acres of irrigated land was declared as surplus.

4. Aggrieved, the State filed an appeal against that decision on 30-5-1977 which was numbered as Misc. Ceiling Appeal No. 30 of 1977. Prior to that on 20-5-1977 Baleshwar Dass had filed a time barred appeal along with an application under Section 5. Limitation Act, for condoning the delay. No order appears to have been passed on that application. When the State's appeal No. 30 of 1977 came up for hearing before the Third Additional District Judge, Etawah, an application was given by Baleshwar Dass in which it was stated that since his appeal was pending for admission before the District Judge the appeal of the State may not be heard and decided. The additional District judge took the view that the appeal of Baleshwar Dass could be treated as a cross-objection to the appeal of the State and after hearing the parties decided the aforesaid anneal and cross-objection on 9-12-1978. The appeal of the State was dismissed while the cross-objection was allowed and it was held that there was no surplus land in the holding of late Mahant Ram Dass. Aggrieved, the State of Uttar Pradesh has filed writ petition No. 1831 of 1979. challenging the orders of the prescribed Authority dated 18-2-1977, 4-3-1977 and 31-3-1977 and those of the appellate court dated 9-9-1978 and 9-12-1978. Subsequently, Baleshwar Dass moved an application before the District Judge stating that no order need be passed on the aforesaid application which he had given for condonation of delay since his appeal had been treated as a cross-objection and decided by the Third Additional District Judge. The State of U. P. endorsed the stand of Baleshwar Dass but the learned District Judge, by his order dated 19-3-1979, rejected this prayer. Thereafter, after hearing the parties, the aforesaid application was dismissed by order dated 15-5-1979. These two orders form the subject matter of challenge in writ petition No. 11577 of 1980 filed by Baleshwar Dass.

5. The main question which falls for cons