D.K.Seth, J. - (1.) Against an order passed under Section 11 (2) read with Section 12 of the U. P. Imposition of Ceiling on Land Holdings Act. 1960. the petitioner had preferred an appeal under Section 13 thereof. The said appeal being numbered 45 of 1985 arising out of the order dated 23rd February, 1985 passed in Case No. 12 of 1982 was heard on 16th January, 1986 and was disposed of by an order dated 24th January, 1986.
(2.) Mr. Mahesh Gautam, learned counsel for the petitioner has assailed the said order on the ground that by reason of promulgation of the U. P. imposition of Ceiling on Land Holdings (Amendment) Ordinance, 1986, since been replaced by U. P. Act No. 3 of 1986, there was an amendment of Section 13. By virtue of such an amendment, the jurisdiction to hear an appeal by District Judge was replaced by that of Commissioner. The text of the said Ordinance is quoted below : "The Uttar Pradesh imposition of Ceiling on Land Holdings (Amendment) Ordinance, 1986 (U. P. Ordinance No. 3 of 1986) Promulgated by the Governor in the thirty-sixth year of the Republic of India AN ORDINANCE further to amend the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. Whereas the State Legislature is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action. Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution, the Governor is pleased to promulgate the following Ordinance, 1986. It shall come into force at once. 2. In Sections 13. 20 and 21 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. hereinafter referred to as the Principal Act, for the word 'District Judge', wherever occurring, the word 'Commissioner' shall be substituted. 3. In Section 38 of the Principal Act, in sub-section (2),-( a) for the word 'District Judge', the word 'Commissioner' shall be substituted. 4. All proceedings and appeals under Sections 13, 20 and 21 of the Principal Act. pending Immediately before the commencement of this Ordinance before any District Judge, Additional District Judge, Civil Judge or Additional Civil Judge shall stand transferred to the Commissioner and shall be disposed of by the Commissioner in accordance with the provisions of the Principal Act, as amended by this Ordinance."
(3.) It appears that the said Ordinance has come into force with immediate effect. In the absence of any specific date prescribing the effect of the said amendment in terms of Section 5 (2) of the U. P. General Clauses Act. the same should be taken to have come into force on the expiry of the day preceding the date of commencement, i.e., the publication of the notification. Thus the same was effective from 13th January, 1986. Then again when the said Ordinance was replaced by U. P. Act No. 3 of 1986, the date of the effect or commencement was mentioned as on 13th January, 1986.;