ORDER

K.C. Agarwal, J. - These two writ petitions under Article 226 of the Constitution have been preferred one by Ajit Singh and others and the other by the State of U.P., against the judgment of the II Additional District Judge, Rampur, given in Ceiling Appeals Nos. 33 and 57 of 1981 on 20th October, 1981.

2. A notice under S. 10(2) of U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) was given to the Trust the Sciende Horse Farm (hereinafter referred to as the Trust) in respect of 591 acres irrigated land in villages Phoolpur, Bichhyee and Bighta in Tehsil Bilaspur, district Rampur. The notice proposed to declare 573 acres land as surplus. The Trust preferred an objection, inter alia, claiming that as it was charitable Trust, it was entitled to exemption under S. 6(1)(f) of the Act. The relevant portion of this provision reads as under :

"6(1) Notwithstanding anything contained in this Act, land falling in any of the categories mentioned below shall not be taken into consideration for the purposes of determining the ceiling area applicable to, and the surplus and of a tenure-holder, namely

(a) to (e) ..........

(f) land held from before the first