- (1.) Heard Sri Vinod Kumar Rai, the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
(2.) In proceedings under Section 10[2] of the U.P. Imposition of Ceiling on Land Holdings Act,1960, the prescribed authority passed an order dated 30.12.1974, declaring two bighas, 7 biswa and 12 biswansi of land as irrigated surplus land. By a notification dated 29.9.1975 issued under section 14 [4] the surplus land was acquired by the State authorities. After a lapse of nearly nine years, a notice under Section 13-A dated 14.10.1983 was issued by the respondents alleging that on account of a mistake in the earlier notice dated 30.12.1974, certain plots of land could not be included and therefore, the respondents directed the petitioner to show cause as to why the earlier order be not rectified and further the land be not declared as surplus. The petitioner filed his objections and submitted that the proceedings cannot be re-opened under section 13-A. The prescribed authority accepted the contention of the petitioner by its order dated 14.5.1984 and held that no further surplus land could be declared against the petitioner. The State, being aggrieved by the aforesaid order, filed an appeal which was allowed by an order dated 19.1.1987. The petitioner, being aggrieved by the said order, has filed the present writ petition.
(3.) For facility, Section 13-A,Section 14[1][b] and Section 14 [4] being the relevant provisions under consideration, are being quoted hereunder : "13A. Re-determination of surplus land in certain cases-- [1] The Prescribed Authority may, at any time, within a period of two years from the date of notification under [sub- section [4] of Section 14] rectify lany mistake apparent on the face of the record : Provided that no such rectification which has the effect of increasing the surplus land shall be made, unless the prescribed authority has given notice to the tenure-holder of its intention to do so and has given him a reasonable opportunity of being heard. [2] The provisions of Section 10, 11, 12, 12A, 13, 14[ 15 and 16] shall mutatis mutandis apply in relation to any proceedings under sub-section (1), and for purposes of application of Section 10, the notice under the proviso to sub-section (1), shall be deemed to be a notice under Section 9." "14. Acquisition of surplus land-[1] The Collector shall at any time after-- [b] in case, where no appeal has been preferred under Section 13, the date of expiry of the period of limitation provided therefor ; 14.[4] The Prescribed Authority shall, as soon as may be after the date mentioned in clause (a), clause (b) or clause (c), as the case may be, of sub- section (1), notify in the Official Gazette every surplus land determined under this Act, or under Section 9 of the U.P. Imposition of Ceiling on Land Holdings(Amendment ) Act,1974 or under Section 31 of U.P. Imposition of Ceiling on Land Holdings(Amendment ) Act,1976.";