BAHGWAN SINGH Vs. ADDL COMMISSIONER

JUDGEMENT

(1.) Petitioner before this Court seeks quashing of the order of the Additional Commissioner, Meerut Division, Meerut dated 28.6.1988 wherein in exercise of powers under Section 27 of Sub-clauses (4) and (6) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 on 10.11.1980 with the Petitioner has been cancelled after exercise of suo moto powers.

(2.) The order impugned Annexure No. 2 to the writ petition is challenged before this Court only on one ground namely the proceedings under Section 27(6) Act No. 1 of 1961 were initiated beyond the prescribed period of "seven years" provided for under the said clause. Therefore, the entire proceedings are wholly without jurisdiction. According to the Petitioner, the period of "seven years" has to be counted from the date of issuance of the patta in the facts of the case on 10.3.1977. The notice under Section 6 itself has been issued on 4.9.1986 i.e. after 7 years therefore is bad.

(3.) Standing Counsel in reply contends that an amendment was made by UP. Act No. 26 of 1980 were in the words "two years" as existing in Section 27(6) were substituted by the words "seven years". This amendment came into force on 10.11.1980 and the period of seven years has to be counted after said dated i.e. 10.11.1980. The impugned proceedings are therefore within time.