SHALIKRAM DAGDUBA SOLUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A common question of fact and law emerges in all these petitions and, as such, the same are being disposed of by this common Judgment.

(2.) ALL the petitioners and/or their predecessor in title had filed returns under Section 12 of the Maharashtra Agricultural Lands (Ceiling on holdings) Act, 1961 (For short, hereinafter referred to as "the Ceiling act") and thereafter an enquiry was held under Section 14 read with section 21 of the Ceiling Act by the Surplus Land Determination Tribunal. The S. L. D. T. , in some of the petitions held that the petitioners do not hold land in excess of the ceiling limit and in some of the cases held that the petitioners are holding land in excess of the ceiling limit, to a certain extent. None of the petitioners have challenged the orders passed by the s. L. D. T. Those who were declared to be holders of excess land have surrendered the land found to be in excess of the ceiling limit. In so far as writ Petitions at Sr. No. 1 to 11 are concerned, not only the petitioners surrendered the land, but the same came to be distributed in the year 1976 itself.

(3.) UNDER Section 45 (2) of the Ceiling Act, state Government is empowered to call for the record of any enquiry or proceedings under Section 17 to 21 (both inclusive) for the purpose of satisfying itself as to the legality or propriety of any enquiry or proceedings and may pass such orders thereon as it thinks fit. The said power of the State Government "to call for the record" under Sub-Section 2 of Section 45 has been delegated to the Additional Commissioner, is an admitted position. In exercise of powers under Section 45 (2) of the Ceiling Act, notices came to be issued to the petitioners after lapse of a period of about 8 to 15 years, after the passing of orders by S. L. D. T. , by the Additional Commissioner. Immediately on receipt of notices, the petitioners have instituted the present petitions and as a result of grant of stay, pending hearing of the petitions, no further proceedings are taken up by the Commissioner. Section 45 of the Ceiling Act reads thus :