GOPI NATH, J. - (1.) THIS is a petition under Article 226 of the Constitu­tion, arising out of proceedings under U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act).
(2.) THE Prescribed Authority, on a consideration of the objections filed by the petitioner, found that no land was surplus with him, and discharged the notice under section 10 (2) of the Act. One of the objections related to the unirrigated nature of plots numbers 35, 275 and 444 of the petitioner's land. The other objection was that plots numbers 57, 6, 20 and 4 were Usar. The Prescribed Authority found plots numbers 35, 276 and 444 to be unirrigated land and plots numbers 52, 6, 20 and 4 to be Usar. The total area of the holding of the petitioner was found to less than the ceiling area, and hence he held no land as surplus. This order was passed by the Prescribed Authority on 8-11-1974. The State went up in appeal against that order. The appellate authority found that the land of plots numbers 35, 276 and 444 was irrigated land within the meaning of section 4-A of the Act. He also held that plots numbers 52, 6, 20 and 4 were not Usar. He accordingly, found that an area of 7 Bighas and 15 Biswas was surplus with the petitioner. That area was, accordingly, declared as surplus land. The appeal was decided on 26-1-1976. Aggrieved by the order of the appellate authority the petitioner has filed this petition. The main point argued by the learned counsel for the petitioner was that the appeal should have been abated under section 20 (2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Ordinance, 1976 (U. P. Ordinance No. 11 of 1976). Section 30(2) of the said Ordinance reads: "Where an order determining the surplus land in relation to a tenure-holder has been made under the principal Act before January 17, 1975, and the Prescribed Authority is required to redetermine the surplus land under S. 9 of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974 (U. P. Act No. II of 1975), then notwithstanding anything contained in sub-section (2) of section 19 of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (U. P. Act No. XVII of 1973), every appeal under S. 13 of the principal Act or other proceedings in relation to such appeal, pre­ferred against the said order, and pending immediately before the date of commencement of this Ordinance shall abate."
(3.) LEARNED counsel for the petitioner contended that since the provisions relating to the irrigated nature of land, which were contained in Rule 3 of the Rules framed under the Act, underwent a change by the incorporation of sec­tion 4-A in the Act, which dealt with the question of determination of irrigated land, the case of the petitioner fall under section 30 (2) of the Ordinance, and the appeal should have been abated under that provision, and the appellate authority was in error in deciding the appeal on merits and declaring an area of 7 Bighas and 15 Biswas as surplus land with the petitioner on the ground that plots numbers 35, 276 and 446 were irrigated land within the meaning of Section 4-A of the Act.;