1. The present petition under Art. 126 of the Constitution is directed against the order dt. 1-9-82 passed in an appeal under S.33 of the Urban Land (Ceiling and Regulations) Act, 1976, (hereinafter referred to as the Act), by the District Judge, Gorakhpur.

2. The facts of the case lie in a very narrow campass. The provisions of the Act were enforced in the area and respondent 1 filed his statement under S. 6(1) of the Act stating that he holds an area of 167 sq. mtrs. in Mohalla Mohaddipur, District Gorakhpur and another area of 363.87 sq. mtrs. He further alleged that he has an area of 1497 sq. mtrs. in Khasra No. 389. In short respondent 1 has got two houses owned by him and both are residential houses and no area was liable to be declared surplus.

3. The State of U. P. contested the case of respondent 1 and it was alleged that the land of responden