Hon’ble Subhash Vidyarthi J.

1. By means of the instant Writ Petition filed under Article 226 of the Constitution of India, the petitioner – State of U.P. has sought quashing of an order dated 23.05.1998 passed by the Additional Commissioner (Administration), Lucknow Division, Lucknow allowing Appeal No. 287/291/92-93 under Section 13 (1) of the U.P. Imposition of Ceiling on Land Holdings Act, 1961.

2. Briefly stated, facts of the case are that a notice dated 19.11.1974 under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1961 (which will hereinafter be referred to as ‘the Ceiling Act’) was issued to Sri. Murlidhar Hakim, the recorded tenure holder of the land in question. He did not submit any reply to the notice and on 16.01.1975, the Prescribed Authority Ceiling (Second) Nighasan passed an order declaring land bearing Gata No. 197 Ga having an area of 7.78 acres, Gata No. 200 Kh having an area of 8.72 acres, Gata No. 202 M having an area of 7.812 acres, Gata No. 203 having an area of 1.00 acres and Gata No. 207 Sa having an area of 3.62 acres, total 28.93 acres, situated in village Mahangapur, Pargana Palia, Tahsil Nighasan, District Kheri to be the surplus