SHAKUNTALA ARJUN PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner challenges the order dated 5-10-1986/11-2-1987 passed by the Collector, Nasik, cancelling the allotment of agricultural lands to the petitioner under the provision of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, hereinafter referred to as the "act". The Tahsildar, Nasik, as Chairman of the Surplus Lands Determination Tribunal allotted four hectares 35 areas of land to the petitioner. The allotment was made after advertisement was published and no application was received in pursuance thereof. The lands were allotted to the petitioner for horticulture i. e for growing certain fruit bearing trees. Thereafter, on 24-10-1985 the Government made a reference to the Commissioner, Nasik Division. In the reference, the Government seems to have assumed that the land is not cultivable and, therefore, the allotment ought to have been done under section 27 (9) of the Act. In the reference, the Government observed that the land has been improperly allotted to the petitioner and actually called upon the Commissioner to revise the allotment order under section 45-A of the Act and thereupon cancelled the allotment and redistributed the same.

(2.) THE Collector, Nasik, issued a notice to the petitioner and the petitioner replied to the said notice. Nevertheless, the Collector, Nasik, has cancelled the allotment by the impugned order dated 5-10-1986.

(3.) MR. Gorwadkar, learned Counsel for the petitioner, submitted that the impugned order is illegal and suffers from non-application of mind as also from the vice acting under dictation.