Shishir Kumar, J. - (1.) By means of the present writ petition the petitioners have approached this Court for quashing the orders dated 21.5.1987 and 15.1.1988 (Annexures 7 and 11 to the writ petition) passed by the Prescribed Authority and the Appellate Authority.
(2.) The facts arising out of the writ petition are that a notice under Section 10(2) of the Imposition of the Ceiling Act was issued on 20.8.1979 to the petitioner No.2 in respect of the proposal to declare an area of 23 bighas, 4 biswa and 3 biswansi. Petitioners filed an objection including an objection to this effect that the land which has been covered by sale deed dated 27.8.1971 executed by Smt.Mubarak Bibi, wife of the petitioner No.2 and in favour of Raunaq Ali, petitioner No.1 be excluded as bonafide sale deed after full consideration was executed on 27.8.1981. The aforesaid objection was accepted by the prescribed authority but on an appeal filed by the State appeal was allowed vide its judgment and order dated 9.3.1976. The same was challenged in Writ Petition No.3142 of 1976. The writ petition was allowed on 28.8.1978 and the matter was remanded to the Appellate Authority. The Appellate Authority vide its judgment and order dated 10.11.1979 partly affirmed the order of Prescribed Authority but remanded the matter for decision by prescribed authority on Issue Nos. 3 and 4. On remand the prescribed authority decided the Issue Nos. 3 and 4 against the petitioner No.2 and an area of 4 bighas, 15 biswa and 15 biswansi was declared surplus in the holding of petitioner No.2 vide its order dated 6.10.1980. Petitioner No.2 filed an appeal which was dismissed by the Appellate Authority on 2.2.1983. The validity of the said order was challenged in Writ Petition No.1946 of 1983. The writ petition was allowed on 29.9.1984 and the Appellate Authority was directed to re-decide the issues considering execution of bonafide sale deed dated 27.8.1971 after giving notice to the transferee, i.e. petitioner No.1 as required under Rule 8 of the Rules, 1961.
(3.) In the meantime, due to the change of law the Commissioner, Meerut Division, Meeut sent the matter to be decided by the prescribed authority. The prescribed authority thereafter sent notice dated 15.12.1986 to the petitioner No.1 to file an objection. Petitioner filed an objection to this effect on 5.2.1987.;