GANGUBAI DEVBA UGALMUGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition takes exception to the notice dated 23.06.1992 issued by the Additional Commissioner, Aurangabad Division Aurangabad bearing No. 1978/ICHR/2745.

(2.) The Petitioner is legal heir and successor of the deceased Gangubai W/o Digaji Kadam. The deceased mother of the Petitioner is the original landholder in the proceedings under the subject matter. The mother of the Petitioner filed return under Section 12 of the Maharashtra Agricultural Land (Ceiling on Holdings) Act 1961 in the year 1975. The S. L. D. T. after going though the relevant record came to the conclusion that the mother of the Petitioner is not surplus land holder vide judgment and order dated 02.02.1976.

(3.) It is the further case of the Petitioner that, the Additional Commissioner/Respondent No. 2 by exercising powers Under Section 45(2) of the Ceiling Act reopened the enquiry i.e. initiated a suo moto proceeding in the matter and reopened the proceedings. The Petitioner submitted that, the Respondent No. 2 has no jurisdiction or powers to start or reopen the suo moto enquiry under Section 45(2) of the Ceiling Act after the period of 3 years from the date of judgment and order passed by the S. L. D. T. The Additional Commissioner must apply his mind within a period of 3 years by summoning the land holder and to start the enquiry. The commissioner must complete the enquiry within a period of 3 years from the date of the order passed by the S. L. D. T. It is further submitted that, in the present case, the Additional Commissioner has not called the record of the S. L. D. T. within a period of 3 years. The Additional Commissioner has issued the notice of suo moto enquiry for the first time after 16 years i.e. on 23.06.1992. Therefore, the counsel for the Petitioner submitted that, this writ petition may be allowed and notice dated 23.06.1992 may be quashed and set aside.