N.N. Sharma, J. - (1.) THERE are four petitioners in this case, all of them are inter related. Petitioners No. 1 to 3 are own brothers while petitioners No. 4 is son of petitioners No. 1, Madhukar Kapoor. The petition is directed against ex parte order dated 21.12.1976 Annexure -4 and another order dated 12.8.1981, Annexure -10 by competent (authority, Agra and the Notification under Section 10, sub -clause (3) of the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. XXXIII of 1976) and the order of the District Judge, respondent No. 3 dated 12.9.1980 Annexure -B which are sought to be quashed by a writ of certiorari. A direction in the nature of mandamus is further sought directing respondent to decide the application dated 24.3.1976 submitted by M.A. Gideon, under Section 21 of the Act (Annexure -2) and her application for setting aside the ex parte order filed on 28.1.1977, Annexure 6. A mandate is further sought directing respondents not to interfere with the possession of petitioners over an area measuring 985 square metres in premises No. 5/161, Sonth Ki Mandi, Agra declared as surplus by competent authority, any other suitable writ, order or direction alongwith costs of this petition is also sought.
(2.) DISPUTE relates to premises No. 5/161, Sonth Ki Mandi Agra. Admittedly these premises were held by Mrs. A Gideon, widow of Dr. C.T. Gideon. Total area of the premises was 2,485 square metres covered area in the premises measured 545 square metres; as it was a residential unit, so appurtenant land under Section 2(g)(i) of the said Act was 1000 square metres; ceiling area permissible to Dr. Mrs. A Gideon was 1500 square metres vide Section 4, sub -clause (c) of the Act. Thus there is little dispute on the point that Mrs. Gideon was not holding vacant land in excess of her ceiling limit when she was served with a draft statement under Section 8, sub -clause (3) of the aforesaid Act. Thirty days time was allowed to her to file objections to the draft statement; she submitted an application dated 17.11.1976, Annexure -3 addressed to competent authority concerned with the request to extend the time of filing the objection upto a period of three months as she was ailing and her son was out and thus she was unable to comply with the directions within stipulated time. This application was sent through registered post. She did not receive any reply although it is alleged that a period of thirty days was allowed to her to prefer her objection vide order of competent authority on this application; she was not apprised about that order. Learned competent authority proceeded ex parte and declared an area measuring 985 square metres as surplus on 21.12.1976 vide Annexure 4. A Notification under Section 10A was also published in Gazette dated 15.1.1977.
(3.) DR . Mrs. A Gideon received the ex parte order aforesaid on 28.12.1976 and submitted an application dated 28.1.1977 before the competent authority informing him about the pendency of her earlier application by which she had sought extension of time for preferring the objection and which had not been disposed of; there was also a prayer to set aside the ex parte order made against her vide annexure 6 dated 28.1.1977. This application also remained undisposed of and Notification under Section 10 sub -clause (3) of the said Act was published under orders of Sri Banarsi Dass the then competent authority Agra, vide annexure -5 dated 9.3.1977. Dr. Mrs. Gideon died on 12.12.1977.;