LAWS(BOM)-2011-3-155

VITHAL Vs. STATE OF MAHARASHTRA

Decided On March 11, 2011
VITHAL S/O. VENKATRAO ALIAS YENKAJI SEJUL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 26.08.1993, passed by the Chairman, Surplus Lands Determination Tribunal (S.L.D.T.), Majalgaon, in File No. 75/ICH/141 Tahsil Office, Majalgaon.

(2.) The Petitioner is resident of Abegaon, Tal. Majalgaon, Dist. Beed. The Petitioner filed reference under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act,1961, in the year 1975. The S.L.D.T., Majalgaon, on the basis of written statement of the Petitioner's father, declared that the Petitioner is not surplus holder, on 05.07.1976.

(3.) It is further Petitioner's case that in the year 1991 the Divisional Commissioner, Aurangabad, under Section 45(2) of the said Act, reopened the case and issued notice to the present Petitioner's father on 19.07.1991. The Petitioner filed necessary documents. The Divisional Commissioner, Aurangabad, has not communicated the date of hearing to the Petitioner and also did not give proper opportunity of being heard and remanded case for fresh enquiry to the S.L.D.T., Majalgaon.