(1.) SPECIAL Appeal No. 499 of 1972 is by Hakim Singh, peti tioner, against the order of the learned Single Judge of this Court dismissing his Writ Petition No. 3306 of 1970, wherein the judgments and decrees of the Board of Revenue and the Additional Commis sioner in a revenue suit under Section 229-B of the U. P. Zamindari Abolition and Land Reforms Act were challenged. This appeal was preferred even though under the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Ordinance. 1972. (U. P. Ordinance No. 12 of 1972) (hereinafter referred to as the Amending Ordinance), later replaced by the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Act. 1972. (here inafter referred to as the "Amending Act") such an appeal was not maintain able. In the Special Appeal the peti tioner has challenged the constitutiona lity of the Amending Ordinance and the Amending Act. At the time of the hear-if of the Special Anneal. at the stage of admission the Bench referred the above question, i.e. of the Special Appeal to a larger Bench which has now come up for hearing be fore this Full Bench. The validity of the Amending Ordinance and the Amending Act is also challenged in Special Ap peal No. 455 of 1972 arising out of an order passed by the authorities under the U. P. Consolidation of Holdings Act On an application made this Special Ap peal was ordered to be listed for hear ing along with the other Special Appeal.
(2.) THE constitutionality of the Amending Ordinance and the Amending Act has been challenged on two grounds : firstly, that the provisions thereof are ultra vires and beyond the competence of the State Legislature; and secondly, that they are violative of Article 14 of the Constitution of India. In this connec tion it is also contended that the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act, 1962 (U. P. Act No. XIV of 1962) (hereinafter referred to as the "Principal Act") was also be yond the competence of the State Legis lature and was hit by Article 14 of the Constitution and, therefore, an Act am ending an invalid enactment can have no legal effect.
(3.) SPECIAL Appeals against the judgment or order of a Single Judge made in the exercise of appellate juris diction in respect of a decree or order made by a court subject to the superin tendence of the High Court were abolish ed under Section 3 of the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act. 1962. Under the Uttar Pradesh- High Court, (Abolition of Letters Patent Appeals) (Amendment) Ordinance, 1972. promulgated on 30-6-1972, Section 4 was inserted in the Principal Act whereby appeals against the judgment of a Single Judge made in the exercise of jurisdiction conferred by Articles 226 and 227 of the Constitution, in respect of a judgment, decree or order, made or purported to be made by the Board of Revenue under the United Provinces Land Revenue Act. 1901. or the U. P. Tenancy Act. 1939 or the Uttar Pradesh Zamindari Abolition and Land Reforms Act. 1950. or by the Director of Conso lidation (including any other officer pur porting to exercise the powers and to perform the duties of Director of Conso lidation) under the U. P. Consolidation of Holdings Act. 1953. were abolished. The Amending Ordinance was replaced by the Uttar Pradesh High Court (Aboli tion of Letters Patent Appeals) (Amend ment) Act. 1972 incorporating similar Section 4. which came into effect on 16-8-1972. The Amendment Bill was in troduced in the Uttar Pradesh Legisla tive Assembly on July 19. 1972 and was published in the Gazette Extraordinary of July 21, 1972. Special Appeal No. 455 of 1972 was presented on July 3, 1972, the re-opening day after the High Court Vacation and Special Appeal No. 459 of 1972 on July 29, 1972. In both the Single Judge judgment was pronounced in the month of April 1972 before the High Court Vacation.
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