JASODABAI AND RAMCHANDRABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This order will govern the disposal of Civil Appeals Nos. 1554 and 1555 of 1966.

(2.) The two appellants, seeking to appeal against the common judgment and order of the Bombay High Court (Nagpur Bench), September 10, 1965, in proceedings under Art. 226 of the Constitution, applied to the Division Bench of the High Court for a certificate under Arts. 132 and 133 (1) (a) or (b) and/or (c) of the Constitution. Their applications were summarily dismissed on December 6, 1965. The present two appeals (consolidated for hearing) by special leave and are against the order refusing certificate. The appellants contend that they were entitled to a certificate as of right as laid down in Ramesh v. Gendalal Motilal, (1966) 3 SCR 198 = (AIR 1966 SC 1445). The other side opposes.

(3.) The appellants and 3 others had, by their several petitions under Art. 226 of the Constitution asked that certain notices issued under S.17 (2) of the Act for declaration of lands in excess of the ceilings as surplus and requiring that they be surrendered, by quashed on the ground that the Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961 (27 of 1961) offends Arts. 14, 19 and 31 and was therefore void under Art. 13. The Divisional Bench disposed of the five petitions by a common judgment and order on September 10, 1965 dismissing them. It was held that barring S. 28, the Act was already held to be validly enacted in a decision of the High Court in another petition decided on October 25, 1968. The earlier case had laid down that the Act was saved by Art. 31-A. The Divisional Bench also pointed out that the Act was included in the 9th Schedule to the Constitution and enjoyed protection of Art. 31-B. That too was held in yet another petition. The learned counsel attempted to urge some new grounds but was not allowed to do so. The petitions were dismissed by without costs.