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, Smt. Bishni Devi (since deceased) through LRs, Shri Brij Bhushan and others, pray for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 31.7.1987 and 17.12.1987 passed by respondents No. 2 and 3 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 Smt. Bishni Devi calling upon her to show cause as to why the land specified in the said notice be not declared as surplus. Smt. Bishni Devi filed objection against the said notice claiming that no land out of her holding was. liable to be declared as surplus, parties in support of their cases, produced evidence, oral and documentary. The Prescribed Authority rejected the objection filed by Smt. Bishni Devi, the petitioner. Challenging the validity of the order passed by the Prescribed Authority, an appeal was filed by Smt. Bishni Devi. The appellate authority dismissed the appeal vide its order dated 2.12.1980 and directed the Prescribed Authority to declare an area measuring 6 bighas 3 biswas 16 biswansis land as surplus, after taking the choice of the petitioner, out of her holding. The land owned by Smt. Bishni Devi was situated in two villages; namely Nagla Nagli and Wajidpur, district Ghaziabad. The Prescribed Authority declared the aforesaid area as surplus observing that in spite of several notices, choice was not given by Smt. Bishni Devi, of plot No. 39 etc. situated in village Nagla Nagli (in un-irrigated terms) by his judgment and order dated 23.2.1984. The said order became final as no appeal against the same was filed either by the petitioners or by the State. Long thereafter, a review application is stated to have been filed by Ajit Singh and others claiming that they were the Sirdars of some of the plots which were declared as surplus on the basis of a decree of revenue Court dated 17.3.1975 passed under section 229-B of the U.P. Zamindari Abolition and Land Reforms Act. The said plots were, therefore, liable to be excluded from the surplus land. On the application filed by Ajit Singh and others, the Prescribed Authority changed the plots which were declared as surplus and directed that 6 bighas 3 biswas 16 biswansis land be taken out of plot No. 76 of Khata No. 5 by his order dated 29.3.1984. The said order, according to Smt. Bishni Devi, was passed behind her back, she, therefore, filed an application for recalling the said order. However, the application filed by Smt. Bishni Devi was dismissed, therefore, she had to file an appeal before the appellate authority against the order dated 29.3.1984. The appellate authority-allowed the appeal and remanded the case to the Prescribed Authority for decision afresh vide order dated 31.5.1986. Thereafter, the Prescribed Authority took the view that it was not proper to declare the surplus land in two villages, i.e. Nagla Nagli and Wajidpur it, therefore, declared the surplus land out of Khasra No. 27 of village Wajidpur measuring 4 bighas 2 biswas, in irrigated terms, by his order dated 31.7.1987. The petitioners filed an appeal against the said order before the appellate authority, which was dismissed on 17.12.1987, hence the present petition.;