RAM SURAT RAM(MAURYA), J. - (1.) HEARD Sri K.N. Tripathi, Senior Advocate, assisted by Sri Rajesh Yadav for the petitioners and Standing Counsel and Sri K. Ajit, for the respondents.
(2.) THIS writ petition was filed against the order of Additional Commissioner Administration dated 11.06.2010, canceling the patta of the petitioners dated 12.07.1967/28.07.1967, in the proceeding under Section 27 (4) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act). The writ petition was decided after hearing the counsel for the parties by judgment dated 28.10.2013. This Court found that as Co -operative Farming Society was not included in the categories of persons enumerated under Section 198 (1) of U.P. Act No. 1 of 1951, the surplus land could not be allotted to petitioner -1, which is a Co -operative Farming Society under Section 27 (3) of the Act, as such when the mistake was noticed in the year 2009, suo moto cognizance was taken for cancellation of patta under Section 27 (4) of the Act, on 10.06.2010 and in view of the provisions of Section 17 of the Limitation Act, 1963, limitation would begin from the date when the mistake was noticed. Thus exercise of power was within limitation as provided under Section 27 (6) of the Act. On this ground the writ petition was dismissed. Hence this review application has been filed by the petitioners.
(3.) THROUGH this review application, it is brought on record that Section 27 (3) of the Act was amended by The U.P. Land Laws Amendment Act, 1969 (U.P. Act No. 4 of 1969) w.e.f. 01.09.1969. Prior to amendment, Section 27 (3) was as follows: Section 27 (3). - Any surplus land remaining unsettled under the provisions of the preceding sub -section may be settled by the State Government - (a) If the remaining land is less than 16 acres in the village, with a co - operative society of such tenure holders at least three fourths of whom are holders of less that 3 -1/8 acre of land each; and (b) if the remaining land is more than 15 acres in the village with a co - operative society of landless agricultural labourers , so however that the total land allotted to such society, under this clause, if equally divided between all the members would give to each one not more than 3 -1/8 acres of land. (4) Any surplus land remaining after settlement under clause (b) of sub - section (3) may be settled by State Government with any co -operative society no member whereof prior to such settlement holds more than 3 -1/8 acres of land in his own right ;