Satish Chandra, J. - (1.) THIS special appeal arises out of proceedings for partition conducted under the U.P. Consolidation of Holdings Act. The Consolidation Officer decided the partition proceedings on 19 - -2 - -1964. Aggrieved, both parties filed cross appeals. The Settlement Officer by his order dt. 9 - -6 - -1964, disposed of the appeals. Aggrieved, the appellants filed a revision. The Dy. D.C. dismissed the revision on the ground that it was not maintainable. The appellants then instituted a writ petition. A learned single Judge upheld the finding that the revision was not maintainable. He repelled the other submissions on the merits and dismissed the writ petition. In the present appeal Mr. Chaudhary has reiterated the plea that the revision was maintainable.
(2.) UNDER the U.P. Consolidation of Holdings Act as it stood prior to its amendment by amending Act No. 8 of 1963, which came into force on 8 - -3 - -1963, the position was that the order of the Settlement Officer disposing of an appeal in partition proceedings was made final by S. 12C of the Act. S. 48 which conferred revisional jurisdiction was confined to questions of jurisdiction and to orders passed by the Dy. D.C. In other words orders passed by other subordinate consolidation authorities were not amenable to the revisional jurisdiction. The amending Act No. 8 of 1963 brought about drastic changes in the Act. It repealed S. 12C with the result that the finality attached to the Settlement Officer's appellate orders disappeared. S. 48 of the Act was repealed and re -enacted. Now the revisional power extended to questions of fact and law as well and it governed orders passed by all subordinate authorities, which term includes the Settlement Officer. The result was that under the amended Act a revision became maintainable against orders passed in partition proceedings.
(3.) S . 47 of the amending Act provided the transitory provisions. It reads: - S. 47. Transitory provisions: - -(1) In unit notified u/s. 4 of the principal Act, prior to the date on which this Act comes into force, hereinafter referred to as the said date, all work in regard to or connected with consolidation operations - (i) beyond the stage of publication of the Statement of Proposals u/s. 20 of the principal Act, where, on or before the said date, that statement had already been published; and (ii) up to and inclusive of the Stage of confirmation of the Statement of Principles u/s. 18 of the principal Act, where, on or before the said date, notices u/s. 9 of the principal Act had already issued; shall be conducted and concluded in accordance with the provisions of the principal Act, as if this Act had not come into force : Provided that as respects second appeals and revisions, which lay under the provisions of the principal Act, as it stood prior to its amendment by this Act but had not, been instituted before the said date, the principal Act, as amended by this Act, shall apply and be deemed always to have applied as if this Act had been in force on all material dates. (2) All other work, to which the provisions of sub -S. (1) do not apply, shall be conducted and concluded in accordance with the provisions of the principal Act as amended by this Act. Explanation : In units where notices u/s. 9 of the principal Act had not issued on or before the said date, any work done shall, for the purposes of this subsection, be deemed always to have been done under the provisions of the principal Act as amended by this Act...;