WAMAN HARI PATHAK Vs. WAMAN HARI PATHAK

JUDGEMENT

(1.) This petition arises out of proceedings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, after its amendment of October 1975. The said Act will hereinafter be referred to as "the Ceiling Act". The original first petitioner has expired during the pendency of this petition but he will, for the sake of convenience be referred to as such in this judgment. The first petitioner is the father of the second petitioner. The facts leading to this petition have to be choronologically mentioned before one can appreciate the point of law neatly raised by Mr. Sali appearing in support of this petition.

(2.) Ceiling Case No. 104 of 1976 was stated in respect of the holding of the second petitioner and by its order dated 21st September, 1976 the Surplus Land Determination Tribunal, hereinafter referred to as "the S.L.D.T.", held that the second petitioners total holdings were to the extent of 92 acres 15 gunthas. Taking into consideration the number of members in his family and other relevant factors it was held that he was entitled to hold 64 acres 32 gunthas thus giving rise to surplus holding of 27 acres 23 gunthas. This order was challenged by the second petitioner in an appeal, being Appeal No. ALC/A/269 of 1976 before the Maharashtra Revenue Tribunal. The State also filed cross-objections. The Maharashtra Revenue Tribunal noticed that by a mutation entry, being, Mutation Entry No. 18 of 7th January, 1970, two lands bearing Gat Nos. 37 and 134 together admeasuring 43 acres 16 gunthas had been transferred from the name of the first petitioner to the name of the second petitioner in the record of rights. According to the Maharashtra Revenue Tribunal these lands ought to be included in the holding of the second petitioner in view of the said mutation entry. The Maharashtra Revenue Tribunal also held that certain acreage which has gone under the road ought to be excluded from the total holding of the second petitioner. By its judgment and order dated 3rd December, 1976 the Revenue Tribunal set aside the order of the S.L.D.T. and remitted the case to the S.L.D.T. fresh inquiry and disposal in accordance with law and in the light of the observations made in its judgment.

(3.) In the meantime, revisional proceedings had been taken up in respect of the holding of the first petitioner by the Commissioner of Bombay Division. He noticed that the Maharashtra Revenue Tribunal had thought it fit to include the two lands mentioned in the Mutation Entry No. 18 in the holding of the second petitioner which necessarily required exclusion of the said lands from the holding of the first petitioner. He, therefore, set aside the order passed on 21st September, 1976 in Ceiling Case No. 149 of 1976 relating to the holding of the first petitioner. It may be stated at this stage that in the said inquiry the holding of the first petitioner had been held to be surplus to the extent of 5 acres 38 gunthas. The Commissioner directed that the case of the first petitioner should be heard along with the case of the second petitioner which had already been remitted to the S.L.D.T. by the Maharashtra Revenue Tribunal as mentioned above.