ANURAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is directed against the judgment and order dated 13th May, 1991 passed by the Additional Commissioner, Aurangabad in case No. 1978/ICHR/2772.

(2.) It is case of the Petitioner that, he is resident of village Salimba, Tq. Majalgaon, Dist. Beed. The Petitioner filed return in form III as required Under Section 12 of the Ceiling Act on 01.12.1975. He has shown his total holding to the extent of 85 Acres 13 Guntha including 7 survey numbers were shown in the said return.

(3.) The learned Counsel invited my attention to the authoritative pronouncement of this Court in case of Champabai and Anr. v. State of Maharashtra and Ors., 2004 1 MhLJ 148, and submitted that, the points which are raised in this petition is no more resintigra and is covered by the decision of this Court cited supra. Therefore, this petition may be allowed. According to the counsel for the Petitioner, though the memorandum of revision is shown to be opened in the year 1978, first time the Petitioner was communicated by way of notice in the year 1981 about initiation of suomoto enquiry. Therefore, the said notice is beyond the statutory period and suomoti enquiry on the basis of such notice cannot be sustained.