LAWS(SC)-2015-2-31

MADHUKAR SADBHA SHIVARKAR Vs. STATE OF MAHARASHTRA

Decided On February 11, 2015
Madhukar Sadbha Shivarkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Leave granted in all the special leave petitions.

(2.) Aggrieved by the common judgment and order dated 22.12.2006 passed by the High Court of Judicature at Bombay in various Writ Petitions, the appellants have filed these appeals by questioning the correctness of the same by raising certain questions of law and urging various grounds in support of the same and requested this Court for setting aside the same and issue writ of certiorari to quash the orders dated 21.10.1986, 23.06.1988, 7.8.1989 and 31.10.1989 passed by the State Government in exercise of its power under Section 14(4) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (in short 'the Act') appointing the Sub Divisional Officer, Pandharpur as Enquiry Officer to hold enquiry in respect of the land holders whose names are mentioned against the land held by them in the said orders. As per the affidavit filed by Shri Shankar Narayan, the Assistant Collector, Pandharpur, by an order dated 27.9.1991, the Government had modified original orders dated 7.8.1989 and 31.10.1989 and in supersession of those orders, the Government has designated the Assistant Commissioner of Land Records, Pune as Enquiry Officer which was subsequently designated the Deputy Commissioner of Pune Division as the Enquiry Officer.

(3.) For the sake of brevity, the relevant brief resume of facts and legal contentions urged on behalf of the parties in C.A. @ SLP(c) No. 9710 of 2007 are stated in this judgment with a view to find out as to whether this Court is required to exercise its appellate jurisdiction under Article 136 of the Constitution of India to interfere with the impugned judgment and order of the High Court and the orders passed by the Maharashtra State Government impugned in the writ petitions.