QADER KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is directed against notice dated 30-9-1992 issued by the Divisional Commissioner, Aurangabad. The petitioner herein is a resident of Parbhani district. The enquiry under section 14 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, was started in respect of his father namely, Ismail Khan s/o. Lai Khan, in the year 1977. The father of the petitioner, Ismail Khan was aged person and was suffering from Asthma and the petitioner being the only son had participated and conducted enquiry on behalf of his father. The petitioner had submitted return under section 12 of the Ceiling Act. After following proper procedure the Surplus Lands Determination Tribunal (S.L.D.T.) passed order on 30-4-1977, thereby father of the petitioner declared surplus holder to the extent of 18 acres 35 gunthas land. The petitioner challenged said order before the Maharashtra Revenue Tribunal (M.R.T.), by filing Appeal No. 130/4/77. Said appeal was partly allowed and the matter was remanded for fresh enquiry by the M.R.T. by its judgment and order dated 5-7-1977.

(2.) Pursuant to remand order, the S.L.D.T. held fresh enquiry in the matter and after giving opportunity of hearing to the father of the petitioner and after considering his case, delivered final judgment, thereby held that the petitioner's father is not surplus holder and he holds land to the extent of 41 acres 15 gunthas, by its order dated 14-4-1978.

(3.) It is further case of the petitioner that the order of S.L.D.T. dated 14-4-1978 attained finality. On 20-12-1980 father of petitioner Ismail Khan expired. Said land was distributed amongst his legal heirs after his death.