Rajan Roy, J. - (1.) Heard.
(2.) This is a Writ Petition under Article 226 of the Constitution of India challenging the order dated 16.1.2006, passed by the Additional Commissioner (Judicial), Faizabad Division, Faizabad in Ceiling Appeal No. 84, under Section 13 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 rejecting the application of the petitioners herein for impleadment at the appellate stage claiming themselves to be the sons of Shiv Balak, whose holdings were the subject matter of the said proceedings.
(3.) The contention of the learned counsel for the petitioners is that the appellate authority has rejected the application, only on the basis of the report of the Tehsildar without affording any opportunity to the petitioners-applicants to adduce evidence in rebuttal thereof. Moreover, it is contended that in a suit between the parties initiated by opposite party no. 7 for partition of the property including the land, which is the subject matter of the ceiling proceedings, on an application for impleadment being filed by the petitioners, the same was allowed with the observation that they were necessary and proper parties. Therefore, it is inconceivable as to why in ceiling proceedings, at the appellate stage between the same parties, the petitioners should not be impleaded. He also submits that allowing of such an application for impleadment does not mean a conclusive finding on the question of heirship of the petitioners, which would have to be settled separately after framing of issues as is done in a suit by virtue of application of CPC vide Section 37 and 38 of the Act, 1960.;