R.H.Zaidi, J. - (1.) Heard learned counsel for the petitioners, learned Standing Counsel and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 26.7.1980 passed by the Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, for short "the Act" rejecting the application filed by the petitioners for their substitution in place of Faujdar Singh, the tenure holder.
(3.) It appears that earlier an area measuring 21.98 acres out of holding of Faujdar Singh was declared as surplus land by the Prescribed Authority under the Act. Challenging the validity of the said order, an appeal was filed by Faujdar Singh before the appellate authority but the same was also dismissed. Thereafter, writ petition No. 10011-C of 1975 was filed by Faujdar Singh challenging the orders passed by the Prescribed Authority and the Appellate Authority, in this Court. During the pendency of the said petition, Faujdar Singh died. On an application made by his alleged Pairokar Gurdeep Singh, the respondent No. 2 was substituted in place of Faujdar Singh and ultimately the writ petition was allowed and the case was remanded for decision afresh to the appellate authority. Before the appellate authority, the petitioners have filed an application for their substitution in place of Faujdar Singh. The application filed by the petitioners was objected to and opposed by the respondent No. 2 and was ultimately dismissed by the impugned order. Hence, the present petition.;