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TMI Blog1978 (5) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... jection was dismissed by the Prescribed Authority as the petitioner did not file any objection within time, after publication of notification u/s 14(3) of the Act. The order was affirmed in appeal. A supplementary affidavit has been filed stating that the petitioner filed an application u/s 5 of the Limitation Act but neither the Prescribed Authority nor the appellate court passed any order on it. The allegations have not been contravented. (2) As regards the - objections to notice u/s 4 of the U, P. Public Premises Act, it was rightly held by the appellate court that mere mention of a wrong section or provision of the Act did not invalidate the proceeding so long it was issued by the Authority who had the jurisdiction to take proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eneral notice to submit a statement if he held land in excess of ceiling area. It does not cast obligation on every tenure-holder to file statement. It is confined to tenure-holders having land in excess of ceiling area. The prescribed authority has been empowered to issue notice u/s 10 (2) if he is satisfied after making inquiry that any land held by a tenure-holder is in excess of the ceiling area. The word 'inquiry' is significant. A notice issued to a person who transferred the land in dispute much before the prescribed date and ceased to be a holder of holding area cannot be considered to be a notice issued after inquiry. The use of the words as 'he considers necessary' do not make the inquiry merely mechanical. As a ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion within time was debarred from raising this plea. He maintained that a notification having been issued u/s 14 (1) (as it stood before the section was amended in 1976) the land in dispute vested in the State and the petitioner who claims to be a tenure-holder cannot now resist eviction from the land in dispute. The argument cannot be accepted. What vests in the State after notification in the official gazette is the surplus land. The issuance of notification is dependent on adjudication of the objection and order passed u/s 11, 12 and 13 of the Act. As the orders declaring surplus land are itself nonest, inoperative and invalid of the Act, mere issuing of notification in the official gazette cannot breath any life in it. It cannot be va ..... X X X X Extracts X X X X X X X X Extracts X X X X
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