ASHOK RANGRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition takes exception to the notice issued by the Additional Commissioner, Aurangabad Division, Aurangabad bearing No. 1978/ICHR/331 dated 11th August, 1992.

(2.) The Petitioner herein is the resident of Parbhani. The Petitioner herein filed returns Under Section 12 of the Ceiling Act in the year 1975. The S.L.D.T. Tribunal, Parbhani in its decision dated 31st December, 1975 declared that the Petitioner is surplus holder to the extent of 5 Acres 39 Gunthas. It is the case of the Petitioner that, land which is declared as surplus one to the extent of 5 Acres 39 Gunths from survey No. 261 of Parbhani is given in possession to whom said has been allotted by the Competent Authority as per the provisions of Law.

(3.) The counsel for the Petitioner invited my attention to the grounds taken in the petition and also provisions of Sub-Section 2 of Section 45 of the Maharashtra Agricultural Lands Ceiling on Holdings Act 1961 and would submit that it was not permissible for the Additional Commissioner to reopen the sue moto enquiry after laps of 17 years from the date of order passed by the S. L. D. T.