VIJAYA VIJAYRAO KHADKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for the rival parties.

(2.) This case has a chequered history and the parties are before this Court on the third occasion from proceedings arising out of the Maharashtra Agricultural Lands (Ceiling on Holdings), Act, 1961, hereinafter referred to as "the Act of 1961". According to the petitioners, the impugned order dtd. 26/06/2020, passed by the respondent No.3 - Collector, Amravati and the impugned order dtd. 15/12/2021, passed by the Maharashtra Revenue Tribunal (hereinafter referred to as "MRT"), are rendered unsustainable in view of change in position of law, particularly clarified by the Hon'ble Supreme Court in its judgment in the case of Vineeta Sharma Vs. Rakesh Sharma and Ors. (judgment and order dtd. 11/08/2020), passed in Civil Appeal Diary No. 32601 of 2018 and connected petitions. According to the petitioners, the effect of the said change in position of law ought to have been taken into consideration, but, the same was erroneously ignored in the impugned orders.

(3.) In the present case, originally one Rambhau Shamrao Patil filed return under Sec. 12 of the Act of 1961, in the context of determination of surplus land under the provisions of the said Act. By order dtd. 20/04/1978, the Surplus Land Determination Tribunal (SLDT) passed its order holding that 71.07 acres of land was surplus and 25.27 acres of land stood confiscated. Aggrieved by the said order passed by the Tribunal, the said Rambhau Shamrao Patil filed an appeal before the MRT. The said appeal came to be allowed and by order dtd. 26/09/1978, the matter stood remanded to the SLDT. Thereafter, on 17/12/1979, after conducting fresh enquiry, the SLDT passed an order declaring 71.07 acres land as surplus and 37.36 acres stood confiscated.