LAWS(BOM)-2011-3-41

MUNJAJI Vs. STATE OF MAHARASHTRA

Decided On March 07, 2011
MUNJAJI S/O. MAROTRAO KHUPSE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This petition takes exception to the notice issued by the Officer of the Divisional Commissioner, Aurangabad Division, Aurangabad in File No. 1987/ICHR/61 dated 13th July, 1992.

(2.) The Petitioners are resident of Borwand (Kh), Tq. Parbhani. They are the legal representatives of land holder Marotrao Khupse, who died on 29.12.1981.

(3.) After the decision of S.L.D.T., Parbhani, no appeal was filed by the Petitioners against the said order and order attended finality. The Additional Commissioner/Respondent No. 2 initiated a suo moto proceeding Under Section 45(2) of the Ceiling Act in the year 1992. The notice was issued to the Petitioners calling upon the Petitioners to file their say to the above notice. The Petitioners appeared through their cousin Manikrao and stated that, they have already filed their say, which would suit. After considering the evidence on record, the learned Additional Commissioner, Aurangabad by its judgment and order dated 07th December, 1982 was pleased to set aside the order of S.L.D.T. Parbhani dated 30.03.1976 and the matter was remanded to the S.L.D.T. for fresh enquiry.