KASHINATH RAMJI SHIRSAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a writ petition against the order of the Commissioner, Poona Division, Poona, revising the order of the District Deputy Collector, Rahuri Division, Ahmednagar, in a suo motu proceeding under section 45 (2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as the 'Ceiling Act').

(2.) The brief facts are that the petitioner Kashinath is the father having three sons, viz. Karbhari, Changdeo and Sudhakar. Under the provisions of section 12 of the Ceiling Act, the petitioner submitted a return in time before the District Deputy Collector, Rahuri Division. In that return he showed 24 acres and 28 gunthas of land, which was fully irrigated, as the only property which was in his possession and owned by him. He filed his return as the head of the joint Hindu family and mentioned seven persons as members of his family. They were himself, his two wives Gangubai and Subhadrabai, his son Sudhakar, his daughter-in-law Kalindi wife of Sudhakar, and his two grand children by Sudhakar, viz. Dilip and Subhash.

(3.) On the basis of this return the District Deputy Collector found that the conversion value of 24 acres and 28 gunthas of the twelve months irrigated land would be 144 acres and 28 gunthas in terms of dry crop area. Since the District Deputy Collector found that there were two additional members in the family in addition to the five members which artificially formed a family under the Ceiling Act, he declared the total permissible holding at 144 acres of dry crop land. The excess of 28 gunthas was less than a fragment and hence a declaration was made that this could be retained by the petitioner under section 15 (1) (a) of the Ceiling Act. Under the circumstances the final declaration was that there was no surplus and the entire property could be retained by the petitioner. This declaration was made on April 15, 1964.