JUDGMENT :

S.K. MISHRA, J.

1. By filing this writ petition, the petitioner, i.e. the State of Uttarakhand, has assailed the order dated 05.12.2001 (Annexure No. 5) passed by the learned Additional Commissioner, Kumaon Division, Nainital, in Civil Appeal No. 4/13 (Year 1999-2000), as well as the order dated 04.02.2000 (Annexure No. 3) passed by the Prescribed Authority/Additional District Magistrate (F&R), Udham Singh Nagar, in Ceiling Case No. 51/36 (Year 1990-91).

2. The facts of the case are as follows:

(i) In the year 1975, a Notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the “1960 Act”) was issued to Smt. Amana Begum, inter-alia, stating that, out of the total 24.67 hectares of land held by her in three villages, namely, Rahpura, Khamria and Chhinki, in Tehsil Kichcha, 7.30 hectares of land be retained by her and the remaining 17.37 hectares of land be declared as surplus land. However, before the said Notice could be served, Smt. Amana Begum died. Thereafter, Sri Shams Ahmed and Smt. Ahmedi Begum (respondent Nos. 1 and 2 respectively) filed objections to the said Notice. The Prescribed Authority, vide its order d