- (1.) SUDHIR Narain, J. This writ petition is directed against the order dated 16-7-1987 passed by the Prescribed Authority whereby an order was passed under Section 13-A of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (in short referred to as the Act), and the order dated 16-11-1996 passed by respondent No. 1 dismissing the appeal against said order.
(2.) THE Prescribed Authority by order dated 8-3-1977 declared 6. 98 acres of land of the petitioner as surplus. A notice was is sued in Form 5-Ka, but by mistake instead of showing 6. 98 acres of land as surplus, only 0. 98 acre of land was shown as surplus. Sub sequently on realising the mistake amended Form 5-A was issued to the petitioner. He filed objection before the Prescribed Authority. THE petitioner raised objection that any mistake can be corrected under Section 13-A of the Act within a period of two years from the date of the notification under sub-section (1) of Section 14 of the Act and as two years having expired the correction cannot be made under said provision. THE Prescribed Authority held that notification under Section 14 (1) of the Act was not made as the notification can be made after possession had been taken but as possession of the land had not been taken there cannot be any notification under Sec tion 14 (1) of the Act. It was found that the Prescribed Authority had declared 6. 98 acres of land as surplus and mere fact that notice in Form 5-A was issued for taking 0. 98 acres of land was a clerical mistake. The Prescribed Authority directed to correct Form 5-A by order dated 16-7-1987. Petitioner filed appeal against said order before respondent No. 1 which was dismissed on 5-12-1989. The petitioner filed Civil Misc. Writ Petition No. Nil of 1989 in this Court. This Court disposed of the writ petition with the observation that entire area shall be measured and the area given to the petitioner by the Prescribed Authority shall be given to him except the area declared as surplus. Respondent No. 1 got the land measured and thereafter consider ing the facts of the case by order dated 26-11-1996 dismissed the appeal holding that as the Prescribed Authority declared 6. 98 acres of land of the petitioner as surplus, authorities concerned are entitled to take possession of the land to that extent. The petitioner has challenged this order in the present writ petition. First submission of the learned counsel for the petitioner is that no correc tion can be made in any order after two years from the date of notification under Section 14 (1) of the Act and the respondents have acted illegally in not considering this aspect of the matter.
(3.) THE Prescribed Authority by order dated 16-7-1987 held that the petitioner failed to prove publication of the notifica tion under Section 14 (1) of the Act. No notification could have been issued under Section 14 (1) of the Act unless possession of the surplus land was taken. THE petitioner has not filed any copy of the notification under Section 14 (1) of the Act. Further Section 13-A of the Act con templates that correction of apparent mis take and in the orders which have been passed by the Prescribed Authority or the Appellate Authority, there was no dispute to the effect that the Prescribed Authority had passed the order of declaration of 6. 98 acres of land as surplus was wrong. THE notice was issued to take possession in Form 5-A and that was only sought to be cor rected. It was not a correction of an order passed by any authority. THE mistake was only in issuing the notice in Form 5-A which was a clerical mistake. Further the petitioner had earlier filed aforesaid writ petition. It was open to the petitioner to raise this point as well wherein the order dated 12-12-1989 was passed by this Court disposing of the writ petition with the observations that entire area shall be measured and the area given to the petitioner by the Prescribed Authority shall be given to him except the area declared as surplus. It is not now open to the petitioner to raise this point in the instant writ petition. Second submission of the learned counsel for the petitioner is that the area of the land has not been correctly measured. An objection was filed before respondent No. 1. against the report submitted to respondent No. 1 in respect Of measure ment of the land. Respondent No. 1 illegally observed that there was no merit in the objection without referring to each of the points raised in the objection.;