K. P. Singh, J. - (1.) THIS is a plaintiff's writ petition filed against the judgment of Shri P. C. Saxena, I. A. S., Member, Board of Revenue, U. P., Allahabad, dated 9-11-1975.
(2.) NECESSARY facts giving rise to the present writ petition are that the petitioner were lessees of the disputed land and their leases had been cancelled under the provisions of Section 198 (2) of the U. P. Zamindari Abolition and Land Reforms Act, (hereinafter referred to as the Act) as stood prior to the amendment of the aforesaid section by U. P. Ordinance No. 18 of 1970 and by U. P. Act no. 35 of 1970. Since the leases were cancelled under the aforesaid provision, the petitioners filed suit for declaration of their Sirdari right in the disputed land under the provisions of Section 198 (4) of the Act as it then stood. The plaintiff's claim was negatived by the trial court and the plaintiffs could not get any relief in appeal and in revision also the plaintiffs remained unsuccessful. Aggrieved by the judgments of the revenue courts the plaintiffs have approached this court under Article 226 of the Constitution. The learned counsel for the petitioner has contended before me that the revisional court has patently erred in negativing the plaintiff's claim on the ground that on the date of the suit under the amended provision of Section 198 of the Act there was no provision for filing a declaratory suit. It has been emphasized before me that once the right to file a suit had accrued to the plaintiffs under the unamended provisions of Section 198 of the Act, that right could not be snatched away by merely deleting the aforesaid provision. It has been contended that unless the amending Act had specifically provided for negativing the right accrued to the plaintiffs it could not be denied on the ground that there was no provision of law for declaratory suit on the date of the suit. The learned counsel for the contesting opposite parties has submitted in reply that the amendment affected by the provisions of U. P. Ordinance no. 18 of 1970 and U. P. Act no. 35 of 1970 related to procedure, hence if on the date of the suit the plaintiffs had no right to bring declaratory suit, it was rightly observed by the revisional court that the plaintiffs could not bring the suit and could not get the relief claimed in the suit.
(3.) I have examined the contentions raised on behalf of the parties. It is proper to mention the provisions of Section 198 (2) and (4) under the unamended Act;- "(2) The Assistant Collector Incharge of the Sub-Division may on his own motion and shall on the application of any person aggrieved by an order of the Land Management Committee passed under sub-section (1) enquire in the manner prescribed into an allotment made under sub-section (1), and if he is satisfied that the Land Management Committee has acted with substantial irregularity or otherwise than in accordance with the provisions of this Act, he may pass thereon such order as he thinks fit." "(4) Any person aggrieved by the order of cancellation passed under sub-section "(2) may institute a suit to establish the right claimed by him but subject to the results of such suit the order of cancellation shall be final." The amended provisions of Section 198 of the Act on the date of the suit read as below :- "198 (3) J The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular he may :- (i) cancel the allotment and the lease, if any and thereupon the right, title and interest of the allottee or lessee or any person claiming through him in the land allotted or leased shall cease, and such land shall revert to the Gaon Sabha, and (ii) direct delivery of possession of such land forthwith to the Gaon Sabha after ejectment of every person holding or retaining possession thereof, and may for that purpose use or cause to be used such force as may be necessary. (4) Every order passed by the Collector under sub-section (3) shall subject to the provisions of Section 333, be final." ;