GANGUBAI W/ODIGAJI KADAM, (DECEADED) THROUGH HER L.RS. SMT. KONDABAI W/O NIVRATI RAKHUNDE Vs. THE STATE OF MAHARASHTRA AND THE ADDITIONAL COMMISSIONER, AURANGABAD DIVISION

JUDGEMENT

(1.) THIS petition takes exception to the notice dated 23.06.1992 issued by the Additional Commissioner, Aurangabad Division Aurangabad bearing No. 1978/ICH ­R/2745.

(2.) THE Petitioner is legal heir and successor of the deceased Gangubai W/o Digaji Kadam. The deceased mother of the Petitioner is the original landholder in the proceedings under the subject matter. The mother of the Petitioner filed return under Section 12 of the Maharashtra Agricultural Land (Ceiling on Holdings) Act 1961 in the year 1975. The S. L. D. T. after going though the relevant record came to the conclusion that the mother of the Petitioner is not surplus land holder vide judgment and order dated 02.02.1976.

(3.) ON the other hand the learned Additional Government Pleader vehemently opposed the petition and submitted that, the notice is rightly issued by the Additional Commissioner, Aurangabad Under Section 45(2) of the said Act. Therefore, this writ petition is devoid of any merits and same may be dismissed.