NAGORAO PIRAJI SHRIRAME DIED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri A. H. Vaishnav, learned Advocate for the petitioner, learned Assistant Government Pleader for the respondent Nos. 1 and 2 and Shri A. M. Dabir, Advocate for Baliram Vithalrao Shirame who has been allowed to intervene by order of this Court dated 21st January, 1997 passed in Civil Application No. 3610 of 1993.

(2.) THE petitioner filed a return under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (for short, the said Act) as amended by Maharashtra Act No. XXI of 1975. In pursuance of the said return, the Surplus Land Determination Tribunal (for short, S. L. D. T.) held an inquiry into the holding of the petitioner and by an order dated 21st January, 1976 held that the petitioner was non-surplus holder. The Additional Commissioner, Aurangabad issued a notice of suo motu revision under section 45 of the Act and after notice to the petitioner and after hearing him set aside the order dated 24th January, 1976 passed by the S. L. D. T. and remanded the matter back for fresh inquiry in the light of observations made in the revisional order.

(3.) AFTER the remand, the S. L. D. T. again held an inquiry and by an order dated 29th December, 1977 declared that the petitioner was not a surplus holder. The Additional Commissioner, Aurangabad again issued a notice of suo motu revision under section 45 of the Act to the petitioner. In the said notice of revision the order of the S. L. D. T. was proposed to be revised on the ground mentioned in the notice, which is quoted in paragraph No. 3 of the impugned order, as follows :