R.H. Zaidi, J. - (1.) Heard learned Standing counsel and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 14.12.1977 passed by the appellate authority, the District Judge allowing the appeal filed by the respondent No. 2, under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, for short the Act.
(3.) The relevant facts of the case giving rise to the present petition, in brief are that a notice under Section 10 (2) of the Act was issued by the Prescribed Authority to the respondent No. 2 calling upon him to show cause as to why an area measuring 10 bigha, 17 biswas and 14 biswansi, out of his holding be not declared surplus.On receipt of the said notice, respondent No. 2 filed his objection mainly claiming benefit of three sale deeds dated 11.6.1963, which was in respect of 2 bighas, 13 biswas land and was executed in favour of Mohan Singh, the sale deed dated 5.1.1970 covering the area of 19 bighas, 2 biswas whereby the land was transferred in favour of Sant Ram Tiwari and the deed dated 25.5.1975 whereby an area measuring 4 bighas, 16 biswas was transferred in favour of Ram Badan.;