R.H.Zaidi, J. - (1.) Heard learned counsel for the parties and also perused the record.
(2.) By means of the 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 26.7.1988 passed by the Prescribed Authority and the order dated 17.1.1990 passed by the Appellate Authority in the proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 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 to the petitioner to show cause as to why the land specified in the said notice be not declared as surplus. The petitioner filed his objection against the aforesaid notice contending that no land out of his holding was liable to be declared as surplus, as he was in possession of the land within his ceiling limit. The parties produced evidence in support of their cases. The Prescribed Authority after hearing the parties and perusing the material on record, declared an area measuring 14.89 acres (in terms of irrigated land) as surplus by its judgment and order dated 26.7.1988. Aggrieved by the judgment and order passed by the Prescribed Authority, the petitioner filed an appeal before the Appellate Authority. The Appellate Authority partly allowed the appeal and reduced the surplus land from 14.89 acres to 12.89 acres by its judgment and order dated 17.1.1990. Hence the present petition.;