Apr - High Court of Judicature at Allahabad

472 INDIAN LAW REPORTS ALLAHABAD SERIES [2011
16. Section 9(2) proviso contemplates
issuance of individual notice to the tenure
holder by the Prescribed Authority
irrespective of the fact as to whether any
general notice had been issued under
Section 9(2) for the area or not.
Section 9(2-A) of the Act, 1960
contemplates a contingency where the
recorded tenure holder, having surplus land
on 24.01.1971 or thereafter, has not
submitted his statement as required under
general notice under Section 9(2) and
against him no proceedings under Act, 1960
were pending as on 10th October, 1975.
Such a tenure holder has to submit his
statement referred to in Section 9(2) within
30 days from the said date.
17. From a joint reading of the
aforesaid provisions it shall be clear that
Section 9(1) contemplates a general notice
at the first instance. Thereafter, with the
amendment in parent Act vide Act No. 18
of 1973 publication of a fresh general notice
under Section 9(2) was provided. Proviso to
Section 9(2) permitted the Prescribed
Authority to issue individual notice to
tenure holders for filing their statement
irrespective of the general notice published.
Section 9(2-A) requires filing of
statement by the persons like the petitioner
who had not submitted their statement and
in respect of whom no proceedings under
the Act, 1960 were pending on 10th
October, 1975 i. e. the date on which U.P.
Act No. 20 of 1976 came into force. The
section makes filing of the return necessary
within 30 days from 10th October, 1975 qua
the surplus land held by the tenure holder
and his family members on 24.01.1971 or
thereafter including the acquired or
disposed of land between 24.01.1971 to
October 10, 1975 and for its inclusion.
18. Section 10 confers a power upon
the Prescribed Authority to prepare the
statement qua the persons who do not
furnish their statement under Section 9,
indicating the individual plots to be taken as
surplus and thereafter to serve a notice in
that regard under Section 10(2). For
exercise of power under Section 10(2) no
period of limitation has been provided.
19. It is no doubt true that under
Section 13-A two years period from the
date of issuance of notification under
Section 14(4) has been provided for
rectification of any mistake apparent on the
face of record. Similarly, under Section 9 of
U.P. Act No. 2 of 1975 (Transitory
provision) a period of two years had been
provided for redetermination of the ceiling
limits under the Amended Act, and lastly
under Section 31(3) of the U.P. Act No. 20
of 1976 (Transitory Provision) a period of
two years is provided for redetermination of
the surplus land in accordance with the
provisions of the Act qua cases already
decided before 10.10.1975.
20. It will be seen that all these three
provisions pertain to
redetermination/recalculation of the ceiling
limits or for correction of the mistakes in
orders determining the ceiling limits of a
tenure holder. It is in respect of these
contingencies only a period of two years has
been provided as limitation. The legislature
was aware of the aforesaid provisions, yet in
its own wisdom it decided not to provide
any limitation for exercise of power under
Section 10(2) of the U.P. Imposition of
Ceiling on Land Holdings Act, 1960. The
High Court cannot legislate and lay down
that power under Section 10(2) has to be
exercised within two years of the date from
which the tenure holder was required to file
his statement under Section 9(1) or 9(2) of