AMARSIDH GURUSIDHA DAYAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AS a common question of fact and law is involved in these petitions, the same are being disposed of by this common judgment.

(2.) ALL the petitioners and/or thier predecessor in title had filed returns under S. 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 S. 14 read with S. 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.

(3.) UNDER S. 45 (2) of the Ceiling Act, State Government is empowered to call for the record of any. enquiry or proceedings under S. I7 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 S. 45 has been delegated to the Additional , commissioner, is an admitted position. In exercise of powers under S. 45 (2)of the Ceiling Act, notices came to be issued to the petitioners by the additional Commissioner. Section 45 of the Ceiling Act read thus : (1) In all matters connected with this Act, the State Government shall have the same authority and control over the officers authorised under s. 27, the Collectors and the Commissioners acting under this Act, as they do in the general and revenue administration. (2) The State Government may, suo motu or on an application made to it by the aggrieved person, at any time, call for the record of any inquiry or proceedings under sections 17 to 21 (both inclusive) for the purpose of satisfying itself as to the legality or propriety of any inquiry or proceedings (or any part thereof) under those sections and may pass such order thereon as it deems fit, after giving the party a reasonable opportunity of being heard. Provided that, nothing in this sub-section shall entitle the State government to call for the record of any inquiry or proceedings of a declaration or part thereof under S. 21 in relation to any land, unless an appeal against any such declaration or part thereof has not been filed within the period provided for it, and a period of three years from the date of such declaration or part thereof has not elapsed. Provided further that no order shall be passed under this section so as to affect any land which is already declared surplus and distributed according to the provisions of the Act. Provided also that the revisional jurisdiction under this section shall be exercised only where it is alleged that the land declared surplus is less than the actual land which could be declared surplus. (3) The State Government may, subject to such restrictions and conditions as it may impose by notification in Official Gazette, delegate to the Commissioner the power conferred on it by subsection (2) of this section or under any other provisions of this act except the power to make rules under S. 46 or to make an order under s. 49. It is to be noted that the first proviso to Sub-section 2 of S. 45 lays down two conditions which are required to be satisfied before the State government or its delegate could invoke the revisional powers. The said two conditions are : (a) that appeal has not been filed against the order/ declaration made by S. L. D. T. within the,prescribed period, and (b) that a period of 3 years has not elapsed from the date of the order or declaration made S. L. D. T.