STATE OF MAHARASHTRA Vs. ANKUSH

JUDGEMENT

(1.) Heard the learned Additional Government Pleader and the learned counsel for the respondent No. 1. This petition takes exception to the judgment and order dated 24th August, 1984 in Case No.76/ LC/841, which is placed at Exhibit-C of this petition. It is not necessary to state the background facts for filing writ petition which are extensively stated in the petition. Suffice it to say that, the judgment and order impugned in this petition is passed by the Surplus Land Determination Tribunal, Gevrai.

(2.) It is not in dispute that the order of the S.L.D.T. can be gone into by the Additional Commissioner in suo moto enquiry as provided under Sub-Section 2 of Section 45 of the Ceiling Act or same can be assailed before the Maharashtra Revenue Tribunal. In that view of the matter, filing of this writ petition is wholly misconceived. This Court has limitation to re-appreciate the evidence and proper recourse would have been either to assail before the M. R. T. or Additional Commissioner should have taken suo moto revision as permissible under the provisions of Sub-Section 2 of Section 45 of the Ceiling Act.