V.G. Oak, J. - (1.) THESE nine connected writ petitions arise out of nine cases for correction of papers under the Land Revenue Act. Upon the death of Smt. Bashirunnisa disputes arose on the question of mutation of names in her place. Mahmud Hasan Khan was one claimant. Samiullah Khan and others formed the second set of claimants. Applications for mutation were filed on 20 -10 -51. The trial court passed orders on 7 -1 -54 in favour of Samiullah Khan and others. Mahmud Hasan Khan went up in appeal. The appeal was allowed by the learned Additional Commissioner Meerut on 14 -7 -55. He directed that mutation be made in favour of Mahmud Hasan Khan, Samiullah Khan and others went before the Board of Revenue in second appeal. These second appeals were treated by the Board of Revenue as revisions. The revisions were allowed by the Board on the ground that the Additional Commissioner had no jurisdiction to hear the appeals before him. It was held by the Board that the proper authority to hear the appeals from orders of the Assistant Collector was Collector. On this view, the Board directed the Additional Commissioner to transmit the appeals to the Collector concerned. Mahmud Hasan Khan has filed these connected writ petitions against the orders of the Board of Revenue dated 13 -2 -56.
(2.) THE short question for decision in these writ petitions is whether the appeals from the judgment of the Assistant Collector dated 7 -1 -54 lay to the Collector or to the Commissioner. It may be pointed out that, these were proceedings under the Land Revenue Act. Section 210, Land Revenue Act provides for appeals. At one time Section 210, Land Revenue Act stood thus: 1. Appeals shall lie under this Act as follows. (a) to the Collector ... from orders passed by the Assistant Collector.... (b) to the Commissioner from orders passed by the Collector ..., and (c) to the Board from ... orders passed by the Commissioner.... Section 210, Land Revenue Act was amended by UP ZA and LR Act (UP Act I of 1951). The amendment in question was introduced by Section 339 of Act No. I of 1951. After the amendment Section 210, Land Revenue Act reads thus: (1) Appeals shall lie under this Act as follows: (a) .... (b) to the Commissioner from orders passed by Assistant Collector or Tahsildar.
(3.) THE position, therefore, was this, if the appeals from the order of the trial court dated 7 -1 -54 were governed by Section 210. Land Revenue Act as it stood before the amendment, appeals lay to the Collector. On the other hand, if the appeals were governed by Section 210. Land Revenue Act as it stood after the amendment, appeals lay to the Commissioner. The question for consideration is whether the matter is governed by Section 210 as it stood before the amendment, or by Section 210 as it stands after the amendment. As already pointed out, the amendment was introduced by Section 339 of Act No. 1 of 1951. Section 339 of Act No. 1 of 1951 contains no indication that the amendment has retrospective effect. It is mentioned in Section 339 that the amendment is to operate from the date of vesting (1 -7 -52).;