S.S. Chauhan, J. - (1.) Heard learned counsel for the petitioners and learned Standing Counsel.
(2.) The present petition has been filed for quashing the order dated 20.8.1985 passed by the Prescribed Authority as well as the order dated 31.3.1990 passed by the Addl. Commissioner.
(3.) The facts in brief are that the petitioners' father was proceeded under the U.P. Imposition of Ceiling on Land Holdings Act (for short "the Act") in respect of excess land held by him beyond the prescribed limit. By means of order dated 14.11.1969, the land measuring 5.66 acre was declared surplus. The said entry was not made in the revenue records. So the entry continued in the name of the petitioners. Later on after the death of the petitioners' father a notice was again issued under Section 10 (2) of the Act. The petitioners filed reply under Section 13-A of the Act indicating therein that the land in respect of village Milik has already been declared surplus vide order dated 14.11.1969 and therefore, the land of Village Laukahi Mallapur cannot be declared surplus. It is to be noted that against the order dated 14.11.1969, a writ petition was preferred, which was dismissed by this Court and during the pendency of the consolidation proceedings a separate chak was prepared in the name of the ceiling khata and thereafter possession was delivered. It is to be noted that certain allotments were made and after allotting the said land, Prescribed Authority vide order dated 31.3.1975 and 29.1.1975/29.3.1976 declared certain land pertaining to the petitioners as surplus. The petitioners stated that 5.66 acre land which has already been declared surplus may be deducted from their khatas. Since the same was not done, they moved application under Section 13-A of the Act. The Prescribed Authority, Dhaurahra came to the conclusion that the Prescribed Authority, Nighasan ought not to have included 5.66 acre of land of the petitioners and modified the order dated 31.3.1975 and 29.1.1975/29.3.1976. After the aforesaid orders were modified, the area was accordingly reduced from the khata of the petitioners.;