Ceiling land surrender must exclude transferred land as far as possible; prior court order cannot override the statute.

Transferred land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 is ignored for ceiling computation if transferred after 24 January 1971, but surrender under Section 12-A(d) must, as far as possible, be required from land other than transferred land. Only where surplus land cannot feasibly be surrendered without including transferred land may such land be accepted for surrender, with the statutory consequences that follow. An earlier court order cannot be read as overriding the Act or giving a tenure-holder an unrestricted right to choose transferred land for surrender contrary to the statutory scheme.

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Issues: Whether, in determining surrender of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, the authorities were bound to exclude transferred land as far as possible under Section 12-A(d), and whether an earlier order of the Court entitled the tenure-holder to choose transferred land for surrender irrespective of the statutory scheme.

Analysis: A combined reading of Section 5(6) and Section 12-A(d) shows that transfers made after 24 January 1971 are ignored for ceiling purposes, but in the matter of surrender the authorities must, as far as possible, require surrender of land other than transferred land. Only where surplus land cannot feasibly be surrendered without including transferred land may such transferred land be accepted for surrender, with the statutory consequences that follow. The earlier order of the Court could not be construed as overriding the Act or conferring an unrestricted right of choice inconsistent with Section 12-A(d); it had to be read in conformity with the statute.

Conclusion: The authorities erred in treating the earlier order as authorising surrender of transferred land at the tenure-holder's unfettered choice. The proposal for surrender had to be examined under Section 12-A of the Act, with transferred land excluded as far as possible.

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