ABABAI BAPURAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and learned Assistant Government Pleader for respondents Nos. 1 and 2.

(2.) THE petitioner filed a return of his land holdings under the provisions of amended Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. (hereinafter referred to as the Act ). An inquiry into the return was held by Surplus Land Determination Tribunal (for short S. L. D. T. ). The S. L. D. T. after an inquiry, determined the holding of the petitioner and by an order dated 28th December, 1975, held that the petitioner was holding land in excess of the ceiling limit to the extent of 32 acres 32 gunthas. This order of the S. L. D. T. was challenged by the petitioner by filing an appeal under section 33 before the Maharashtra Revenue Tribunal, Aurangabad (for short M. R. T. ). By an order dated 31st March, 1976, passed in Appeal No. 115/a/76, the M. R. T. dismissed the appeal. Being aggrieved, the petitioner filed a writ petition bearing Special Civil Application No. 4435/76 in the High Court of Judicature at Mumbai, which summarily dismissed it. The petitioner thereafter filed an application purporting to be an application under section 37 of the Act with the Collector alleging some errors in the order of the M. R. T. and alleging that the M. R. T. had not properly calculated the holding of the petitioner. This application was heard by the Deputy Collector, who, by an order dated 29th September, 1984, dismissed it. One of the reasons given by the learned Deputy Collector was that the application was filed beyond the period of three years from the initial declaration made by the S. L. D. T. and was, therefore, barred by limitation.

(3.) THE learned Counsel appearing for the petitioner canvassed before me three grounds challenging the order of the Deputy Collector.