By means of this writ petition, the petitioners have prayed for quashing the impugned order dated 14-6-1985 (Annexure 4) to the writ petition and 30-9-1978 (Annexure No.1) passed by the respondent no. 2 and Respondent no. 1 respectively. By the order dated 30-9-1978, the Competent Authority declared irrigated land measuring 12-35 Hectares as surplus vacant land under the provisions of U.P. Imposition on Land Holdings Act 1960 (for short the Act). The appeal preferred by tile petitioner before the appellate court too was dismissed by the impugned order dated 14-6-1985 by the Additional District Judge, Nainital.

2. For a just decision of the case, a reference to the brief facts are necessary. Notice under Section 10(2) of the Act was issued to the original tenure holder Laxmi Lal. He did not file any objection before the Prescribed Authority and the land in question was declared surplus vacant land, which is situate in village Haripur, Tahsil Kaladhungi, district Nainital (as prevailing at that time). In the proceedings objections were filed before the Prescribed Authority alleging that they were in adverse possession over the surplus land of plots comprised in the hading of