KANHYALAL RUPCHAND GUNDECHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner who is the landholder, is aggrieved by the order passed against him under the provisions of the Maharashtra Agricultural Land (ceiling on Holdings ) Act, 1961.

(2.) The Special Deputy Collector (Lands Ceilings ) Gangapur Sugar Mills, Aurangabad Division, held proceedings under the relevant provisions of the Ceiling Act. It is not necessary to recount here the various stepes taken by him preceding the final order passed against the petitioner. The petitioner in his turn disclosed the total holding and also the total number of members of his family. According to him, his family consisted of 8 members and he submitted that be was entitled to hold 144 acres on the basis of the total membership of the family. He also disputed that he was the owner of certain survey numbers apparently considered to be his for the purpose of the proceedings under the Ceiling Act. The Special Deputy Collector came to the conclusion that the petitioner's family consists of only six members. After taking into account the total acreage he determined the surplus area and passed the final orders.

(3.) Aggrieved by the abovementioned order, the petitioner approached the Maharashtra Revenue Tribunal and questioned the soundness of the- order passed against him. The Tribunal considered the contentions but agreeing with the Special Deputy collector rejected the appeal.