BHAYYASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner herein is resident of village Umapur, Tal. Georai, Dist. Beed. He filed Return under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, showing the lands in his holding and members of his family in the year 1975. The Surplus Lands Determination Tribunal (S.L.D.T.), Georai, by order dated 26/ 28th February, 1976, held the petitioner surplus holder of the jand to the extent of 6 acres 22= gunthas. The petitioner did not file any appeal challenging the order of the S.L.D.T. Therefore, said order attended finality.

(2.) It is case of the petitioner that the Divisional Commissioner, Aurangabad Division, Aurangabad, initiated suo-moto enquiry under section 45(2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, against the petitioner by issuing notice dated 31.10.1992, after lapse of period near about 16 years from the date of judgment and order of S.L.D.T. Said notice is under challenge in this petition. The petitioner has taken as many as ten grounds in the petition and ultimately prayed for quashing of said notice dated 31.10.1992 issued by the Divisional Commissioner, Aurangabad Division, Aurangabad.

(3.) It is admitted position that the notice issued by the Divisional Commissioner is dated 31.10.1992 and the decision of the S.L.D.T. is of 26/28.02.1976. Admittedly, suo motu enquiry is initiated after lapse of about 16 years period.