LAXMINARAYAN NARAYANDAS JAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition challenges exercise of suo motu powers by the State Government under section 45 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, (the Act, for short ). The only issue which needs determination is: whether the State Government has exercised the powers conferred on it by section 45 of the Act, within the prescribed period of three years, as contemplated in section 45 of the Act. Section 45 of the Act, reads as follows:

(2.) THERE is no dispute about the fact that the period of limitation is liable to be reckoned from 31-10-1984. It is on that date that the Surplus Land Determination Tribunal, Babulgaon, after a remand, excluded the shares of the major sons of the petitioner to the extent of 46. 14 acres and further excluded 12. 38 acres as pot kharab land and came to the conclusion that the petitioner holds 66. 38 acres. In view of the fact that the surplus land held by the petitioner was 2. 24 acres, the S. L. D. T. has dropped the proceedings since this piece of land would have amounted to a fragment.

(3.) THEREAFTER, in revision, the Additional Commissioner, Amravati Division, issued suo motu notices under section 45 of the Act. The question is whether the Additional Commissioner, Amravati Division, Amravati, has exercised the powers under section 45 of the Act within a period of three years from the date of declaration or part thereof, i. e. from 31-10-1984.