S.U.Khan - (1.) -List revised. No one appears for the respondents. Heard learned standing counsel for the petitioner.
(2.) THIS writ petition is directed against the judgment and order dated 30.8.1985 passed by Additional District Judge/Special Judge, Azamgarh in three Ceiling Appeals, i.e., Miscellaneous Ceiling Appeal No. 265 of 1982, 266 of 1982 and 18 of 1984. First ceiling appeal was filed by Shrimati Kalawati Devi, the second by Surya Prasad and the third by State. All the three appeals were directed against the same order of the prescribed authority under U.P. Imposition of Ceiling on Land Holdings Act, 1960, hence all the three appeals were decided by a common judgment. The appellate court considered the following three points : The first point was whether a particular sale deed executed after 24.1.1971 in good faith and for adequate consideration was to be ignored or not. So far as this point is concerned, the appellate court remanded the matter to the prescribed authority. The second point was as to whether Kalawati Devi was wife of Surya Prasad Singh or not. The appellate court held that she was not wife of Surya Prasad and in this regard decision of the prescribed authority was reversed by the appellate court. The last question decided by the appellate court was as to whether Om Prakash son of Surya Prasad had equal share in the agricultural land of his father or not. Appellate court held that from the oral evidence on record and extract of Kutumb Register it was proved that Om Prakash was born before Zamindari Abolition, hence he had equal share alongwith his father in the agricultural land, which was sir and khudkasht of his father immediately before the date of vesting i.e. 1.7.1952. Earlier ceiling proceedings had been initiated against Surya Prasad. Prescribed authority through order dated 28.1.1975 had held that he had 9.72 acres surplus land. However, the said order was set aside in appeal on 3.5.1975 and the appellate court had held that Surya Prasad had no surplus land.
(3.) THEREAFTER fresh notice was issued against Surya Prasad on 5.3.1980. In pursuance of the said notice prescribed authority decided the matter on 24.9.1982, which was reversed in Appeal Nos. 265 and 266 of 1982 in part by the A.D.J./Special Judge on 30.8.1985 and matter was remanded to the prescribed authority. Against the said order of the appellate court dated 30.8.1985 this writ petition has been filed. The first and foremost question to be decided in this writ petition is as to whether ceiling proceedings could be re-initiated? In this regard two things are essential to be decided. By U. P. Act No. 2 of 1975 certain provisions were added in the Ceiling Act (U. P. Imposition of Ceiling on Land Holdings Act, 1960) and through Section 9 of the said Amending Act, termed as transitory provision, it was provided that if before commencement of the said amending Act, an order determining the surplus land had been made, the prescribed authority, might at any time within a period of two years from the commencement of the said amending Act, re-determine the surplus land in accordance with the provisions as amended by the said amending Act. Similarly by U. P. Act No. 20 of 1976 Ceiling Act was further amended and Section 27 (termed as transitory provision), of the said amending Act of 1976 provided under its sub-section (3) as follows : "Where in order to determine surplus land in relation to a tenure holder has been made under Principal Act, before 10.10.1975, the prescribed authority (as defined in the Principal Act) may at any time within a period of two years from the said date redetermine the surplus land in accordance with the Principal Act, as amended by this Act whether or not any appeal was filed against such order and notwithstanding any appeal whether pending or decided (against the original order of determination of surplus land).";