KISAN SHAMRAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The only question which survives in this petition is in regard to delimitation of the lands held by the petitioner as surplus over the ceiling area.

(2.) The total holding of the petitioner is held to be 116 acres 20 gunthas comprising of various survey numbers mentioned in the order of the Surplus Lands Determination Tribunal situated at villages Salimba and Laxmipur in Manjlegaon Tahsil, District Bhir.

(3.) The contention raised before the Surplus Lands Determination Tribunal seeking exclusion of two pieces of land from the total holding of the petitioner is that those lands were Survey Nos. 35 and 52 both of village Salimba. The ground on which the petitioner sought exclusion of these lands was in regard to Survey No. 35, that the said land had been taken over and has been in possession of a third person Trimbak Laxmanrao Desmukh, the former Inamdar and in whose favour the occupancy rights have been granted. He pointed out that possession of that land was taken over on the 23rd June, 1975 in accordance with the orders passed by the Deputy Collector he also pointed out, however, that against that order of the Deputy Collector, he had approached the Maharashtra Revenue Tribunal which set aside the order of the Deputy Collector.