R.H. Zaidi, J. - (1.) Heard learned counsel for the parties and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 23.11.1979 passed by the appellate authority allowing the appeal filed by the contesting respondent and setting aside the order passed by the Prescribed Authority.
(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 U.P. Imposition of Ceiling on Land Holdings Act, for short 'the Act' was issued to the respondent No. 3, which, according to the said respondent, was not served upon her. However, the Prescribed Authority declared an area measuring 9 bighas 16 biswas as surplus land out of her holding, by its judgment and order dated 24.12.1975. Challenging the validity of the said order, respondent No. 3 filed an appeal before the appellate authority. The appellate authority after hearing the parties allowed the appeal and remanded the case by its judgment and order dated 25.05.1976. When the matter, after remand, reached the Prescribed Authority, respondent No.3 filed an objection declaring that the sale deeds dated 12.12.1973, 26.4.1973, 3.4.1974 and 10.10.1974 were bona fide transactions, they were executed for valuable considerations and they could not be ignored. It was also pleaded that some of the land, which was treated as irrigated, was un-irrigated. The parties in support of their cases, produced evidence, oral and documentary. However, the Prescribed Authority 6y its order dated 31.05.1973 again' declared an area measuring 9 bighas 12 biswas and 10 dhoors as surplus land ignoring the aforesaid sale deeds. Challenging the validity of the order passed by the Prescribed Authority, an appeal was filed by the contesting respondent before the appellate authority. The appellate authority, after hearing the parties, reversed the findings recorded by the Prescribed Authority and allowed the appeal by its judgment and order dated 23.11.1979, hence the present petition.;