ORDER

R.P. Singh, J. - This writ petition arises out of an order passed by the Additional Commissioner, Moradabad Division, Moradabad in the exercise of his appellate powers under S. 13 of U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) in proceedings arising out of objections filed under S. 10(2) of the Act.

2. The facts of the case as averred in the writ petition are that the petitioners 2 to 42 are members of Diwakar Co-operative Agricultural Society Ltd., Telipara, district Bijnor, (in) a co-operative societies Act. Certain tenure-holders of village Telipara and Rajpur Kot pooled their land for the purpose of carrying out agricultural farming and formed a co-operative society for the said purpose in the year 1955 which was known as Telipara Co-operative Society. The said society carried on cultivation by mechanical process and managed by modern agricultural techniques. On 3rd March, 1959, the Committee of Management of the society resolved to constitute a trust for establishment of 'Gau Sadan', schools and hospitals for charitable purposes and the society resolved to give 620 Bighas, 3 Biswa land to the trust for the purpose of running the charitable institution. In the year 1968 to 1970, however, the members of the society who pooled their lands, decided to transfer their holding to various reasons as a result of which various sale deeds were executed in favour of the petitioners and also respondent 4. All the sale deeds were executed prior to 1971 and each one of the sale deeds is for an area which is within the ceiling limit under the Act. The case of the petitioners are that the petitioners purchased the land by registered sale deeds out of their own resources which were duly explained in the income tax and wealth tax proceedings and hence they were tenure-holder in their own right. The petitioners after pooling their land so acquired by them by registered sale deeds from their own funds, became members of the Telipara Co-operative Farming Society and were getting dividends from the said society regularly from the date of pooling by account payee cheques duly credited to their accounts. In 1970 however, the committee of management of Telipara Co-operative Society decided to change the name of the society and approached the Registrar of the Co- operative Society, U.P., Bareilly for obtaining approval. The Registrar of Co-operative Societies vide his order dated 18-11-1970 accorded approval to the change of name of the society which now came to be known as Diwakar Sahakari Krishi Samiti Ltd., Telipara. On 2-1-1976 notice under S. 10(2) of the Act' was issued in the name of respondent 4 and in the said notice the land of the petitioners were included with the holding of respondent 4 for the purpose of determining the ceiling limit of the land on the ground that the petitioners were ostensible owners of the land as the source of consideration for the purchase of the land was paid by respondent 4, Devi Sahai Jindal. Respondent 4 and five others filed their objections before the Prescribed Authority who decided it by a common order, accepted the claim of respondent No. 4 in part and rejected the objection of others. Against the order passed by the Prescribed Authority the five objectors filed one appeal and Sri Jindal respondent 4, filed another appeal while the third appeal was filed by the State. The Additional District Judge by a common order dismissed the appeal of Sri Jindal, respondent 4, and also the appeal filed by five others while allowed the appeal filed by the State against which both Sri Jindal and five others filed separate writ petitions before this court which was numbered as Writ Petition No. 6042 of 1978 and Writ Petition No. 6700 of 1978. As common question of law was raised in both the writ petitions, both the writ petitions were disposed of by a common order by Hon'ble R.M. Sahai, J. vide his order dated 1-4-1980, which is Annexure-7 to the writ petition. The common qu