R.H.Zaidi, J. - (1.) Heard learned counsel for the parties.
(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 orders dated 15.6.1982 and 24.12.1987 passed by respondents No. 3 and 2 respectively.
(3.) The relevant facts of the cast giving rise to the present petition, in brief, are that it was on 15.6.1982 that an area measuring 8 bighas 15 biswas 2 biswansis was declared as surplus by the Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act, for short the Act'. Challenging the validity of the said order, the petitioner filed an appeal before the appellate authority. The appeal filed by the petitioner was dismissed for default on 14.1.1985. The petitioner, as soon as he came to know about the aforesaid order, filed restoration application which was dismissed for default. Again another application was filed on 14.4.1985 which was also dismissed. Thereafter, another restoration application was filed which was supported by an affidavit. The said application was opposed on behalf of the State on the ground that the order dated 14.1.1985 was passed on merits, therefore, restoration application was legally not maintainable. The appellate authority relying upon the decision reported in 1974 RJ 287 upheld the objection raised by the other side and dismissed the application as not maintainable by its judgment and order dated 24.12.1987, hence the present petition.;