The main legal point established in the judgment is the interpretation of the eligibility of a Co-operative Farming Society for surplus land allotment and the application of the limitation for initiating proceedings for cancellation of patta under Section 27 (6) of the Act.

Heard Sri K.N. Tripathi, Senior Advocate, assisted by Sri Rajesh Yadav for the petitioners and Standing Counsel and Sri K. Ajit, for the respondents.

2. This writ petition was filed against the order of Additional Commissioner Administration dated 11.06.2010, canceling the patta of the petitioners dated 12.07.1967/28.07.1967, in the proceeding under Section 27 (4) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act).

3. The writ petition was decided after hearing the counsel for the parties by judgment dated 28.10.2013. This Court found that as Co-operative Farming Society was not included in the categories of persons enumerated under Section 198 (1) of U.P. Act No. 1 of 1951, the surplus land could not be allotted to petitioner-1, which is a Co-operative Farming Society under Section 27 (3) of the Act, as such when the mistake was noticed in the year 2009, suo moto cognizance was taken for cancellation of patta under Section 27 (4) of the Act, on 10.06.2010 and in view of the provisions of Section 17 of the Limitation Act, 1963, limitation would begin from the date when the mistake was noticed. Thus exercise of power was within limitation as provided under Section 27 (6) of the Act. On this ground the writ petition was dismissed. Hence this review application has been filed by the petitioners.

4. Through this review application, it is brought on record that Section 27 (3) of the Act was amended by The U.P. Land Laws Amendment Act, 1969 (U.P. Act No. 4 of 1969) w.e.f. 01.09.1969. Prior to amendment, Section 27 (3) was as follows:

Section 27 (3).- Any surplus land remaining unsettled under the provisions of the preceding sub-section may be settled by the State Government-

(a) If the remaining land is less than 16 acres in the village, with a co-operative society of such tenure holders at least three fourths of whom are holders of less that 3-1/8 acre of land each; and

(b) if the remaining land is more than 15 acres in the village with a co-operative society of landless agricultural labourers , so however that the total land allotted to such society, under this clause, if equally divided between all the members would give to each one not more than 3-1/8 acres of land.

(4) Any surplus land remaining after settlement under clause (b) of sub-section (3) may be settled by State Government with any co-operative society no member whereof prior to such settlement holds more than 3-1/8 acres of land in his own right

5. The counsel for the petitioners submitted that the impugned judgment proceeded on the premises that under Section 27 (3) of the Act, surplus land could not be allotted to a co-operative society as such judgment suffers from error apparent on the face of record as in this case allotment was made on 12.07.1967/28.07.1967 and at that time land could have been allotted to co-operative society under Section 27 (3) of the Act. As such judgment is liable to be reviewed. In order to decide the review application facts of the case is noted briefly.

6. Rashtriya Bhumiheen Khetihar Majdur Sahkari Kheti Samiti, Rampur (petitioner-1) is Co-operative Farming Society, registered on 14.06.1966, under the provisions of U.P. Co-operative Societies Act, 1965. On the application of the petitioners, Sub-Divisional Officer, Rampur submitted a report dated 12.07.1967, for allotment of surplus land of plot nos. 22 (area 44-7-6 bigha), 50 (area 0-5-10 bigha) and 51 (area 0-1-0 bigha) (total area 44-13-16 bigha) of village Aghapur Ticket Ganj, tahsil and district Rampur to petitioner-1. In pursuance of the report dated 12.07.1967, the patta dated 28.07.1967 of the aforesaid plots was executed in favour of the petitioners under Section 27 and 28 of the Act read with Rule 59. Saligram and ten other persons of the village, claiming themselves as the persons living below the poverty line and belonging to schedule caste community and eligible for allotment of the land, filed an applicat