SATISH CHANDRA, CJ.

1. Finding a difference of opinion between the Single Judge decisions of this Court, a learned Single Judge has referred the following questions to a Division Bench:

(1) Whether the Full Bench decision in Ram Charan Vs. State of U.P. and Others, AIR 1979 All 114 has by implication overruled the decision of the learned Single Judges in Ram Lal v. State of Uttar Pradesh 1978 AWC 713 and Ghana Ram v. State 1977 AWC 415 on the question of the true scope of Section 38-B of the U.P. Imposition of Ceiling on Land Holdings Act?

(2) If the said Pull Bench decision has not by implication overruled the said Single Judge pronouncement, then is the scope of Section 38-B, on its true interpretation, qualified in the manner as held by the learned Judges in the said Single Judge decisions?

2. Section 38-B was enacted in the U.P. Imposition of Ceiling on Land Holdings Act, 1960 by U.P. Amending Act No. 20 of 1976, with effect from October 10, 1975.

3. A Full Bench of this Court in Agricultural an I Industrial Syndicate v. State of Uttar Pradesh 1970 AWR 753 held that Section 5 of the U.P. Consolidation of Holdings Act, 1953, providing for abatement of proceedings for declar