M.P.Mehrotra, J. - (1.) This petition arises out of proceedings under U. P. Imposition of Ceiling on Land Holdings Act, The facts, in brief, as these :- The petitioner was issued the notice under Section 10 (2) of the Act. It seems that an ex parte order had been passed on 15-10-1975 but the same was set aside on the application of the petitioner. Thereafter an order was passed on 6-1-1976 wherein the notice under Section 10 (2) of Act was confirmed. A true copy of the order dated 6-1-1976 is Annexure 2 to the petition. In the order it is recited that no objections had been filed. However, the petitioner has annexed a true copy of his written statement dated 31-10-1975, An application was subsequently moved on 13-12-1976 for setting aside the said ex parte order dated 6-1-1976. A true copy of the said application is Annexure 3 to the petition. The application was rejected by the prescribed authority by his order dated 22-2-1977, a true copy whereof is Annexure 5 to the petition. It seems that apart from the said proceedings to get rid of the said ex parte order dated 6-1-1976 (annexure 2) the petitioner simultaneously took proceedings under Section 13-A by filing an application before the prescribed authority on 17-12-1976, a true copy whereof is Annexure 6 to the petition. The said application was rejected by the prescribed authority by his order dated 22-2-1977, a true copy whereof is Annexure 7 to the petition. Thereafter an appeal was preferred against the said order dated 22-2-1977, rejecting the application under Section 13-A. The appeal was dismissed by the appellate Court by its judgment dated 5-8-1978, a true copy of which is Annexure 13 to the petition. A certified copy of the said judgment has also been placed on the record. In the said appellate judgment dated 5-8-1978 an observation was made as under :- "I do not find any force in the appeal though it is a different matter that the appellant may file an appeal against the order dated 6-1-1976 if it is still within time or he is able to get condonation of delay under Section 5 of the Limitation Act."
(2.) Thereafter an appeal was filed against the aforesaid ex parte order of the prescribed authority dated 6-1-1976 and the same was accompanied with an application under Section 5, Limitation Act, An affidavit was annexed along with the application under Section 5 and a true copy of the same is Annexure 10 to the petition. The said application was rejected by the appellate Court by its order dated 5-7-80 and the appeal was also rejected as time barred by the same order. A certified copy of the said order of the appellate Court is Annexure 11 to the petition.
(3.) Now the petitioner has come up in the instant petition and in support thereof, I have heard Sri. Tejpal, learned counsel for the petitioner. It may be stated here that subsequently during the pendency of the petition an application was made in Sep. 1980 praying as follows:-" It is, therefore, prayed that this Hon'ble Court be graciously pleased to quash the impugned orders dated 6-1-1976 and 5-7-1980 passed by respondents 1 and 2 and further quash Annexure 7, orders dated 22-2-1977 and 5-8-1978, passed by respondent 2.";