TOTA RAM Vs. STATE OF U P

JUDGEMENT

(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that by reason of promulgation of the U. P. imposition of Ceiling on Land Holdings (Amendment) Ordinance, 1986, since been replaced by U. P. Act No. 3 of 1986, there was an amendment of Section 13.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 :

(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.