KESHAVRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner herein is a resident of village Lohgaon, Tal. & Dist. Parbhani. It is case of the petitioner that as per the provisions of the Maharashtra Agricultural Lands (Ceiling Holdings) Act, under section 12, the petitioner had submitted returns within prescribed period before the Surplus Land Determination Tribunal, (S.L.D.T.), Parbhani. THEreafter, the enquiry regarding the surplus holding of land by the petitioner was initiated by the Tribunal in the year 19761977. Considering the documents produced by the petitioner, the S.L.D.T. declared the petitioner as nonsurplus holder and dropped the proceedings against the petitioner.

(2.) IT is further case of the petitioner that in the year 1979 the Divisional Commissioner, Aurangabad has suo moto initiated proceedings u/s 45 (2) of the said Act by notice dated 06.06.1979. The petitioner filed his say to that notice. The Divisional Commissioner, Aurangabad, remanded the matter to S.L.D.T., for fresh decision. Accordingly, the S.L.D.T. decided the matter and declared the petitioner as nonsurplus holder by its judgment and order dated 18.01.1980.

(3.) THE point raised in this petition is no more resintegra. THE notice issued by the Divisional Commissioner is beyond statutory period. THErefore, the petition should succeed on this ground alone. Apart from this, on perusal of notice Exh.B, it does not reflect that said notice is issued with proper application of mind to the documents and facts of the case. THErefore, the petition should succeed. THE impugned notice dated 17.11.1992 is liable to be set aside.