Satish Chandra, C. J. :- - (1.) THE question of law for the decision of which a Division Bench has referred this case to a Full Bench is whether proceedings under the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Ceiling Act) are maintainable and can continue during the pendency of proceedings under the U. P. Consolidation of Holdings Act (hereinafter referred to as the Consolidation Act).
(2.) THE notification u/Sec. 4 (2) of the Consolidation Act in respect of the plots in dispute was published on 17th August, 1975. Subsequently on 24th April, 1976, the Prescribed Authority issued a notice u/Sec. 10 (2) of the Ceiling Act. THE petitioner filed an objection, that in view of the pendency of proceedings under the Consolidation Act the proceedings under the Ceiling Act could not validly be initiated. THE Prescribed Authority rejected this contention, and passed an order declaring 8.20 acres in terms of irrigated area as the surplus land of the petitioner. The petitioner filed an appeal, which was, however, dismissed as barred by time. The petitioner came up to this Court under Article 226 of the Constitution. This Court allowed the petitioner to add a relief that the notice u/Sec. 10 (2) being without jurisdiction be quashed. Being of the opinion that the question raised in this case was of general importance, the matter was referred to a Full Bench.
(3.) UNDER the Consolidation Act title of interested persons is determined in respect of the area for which a notification has been issued u/Sec. 4 (2) of that Act. Thereafter the holding of each tenure-holder is consolidated into one or more compact areas called chaks. When these proceedings are over, a notification u/Sec. 52 is issued closing the consolidation operations. Sec. 5 (2) (a) of the Consolidation Act provides for abatement of proceedings pending on the date when the notification u/Sec. 4 (2) is published. Such proceedings are for correction of records and every suit and proceeding in respect of declaration of rights or interest. In addition, proceedings for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under the Consolidation Act also abate.;