VIJAYKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORDER :- This common judgment disposes of writ petition Nos.1376 of 1977 and 1071 of 1978. The question that arises in these writ petitions is as to whether in view of the order for restoration of land passed after 26th Sept. 1970 in favour of the tenant under S.49B of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (for short "the Tenancy Act") the land restored to the tenant should be excluded in computation of the ceiling area of the landholder.

(2.) Briefly the facts are that the landholder Vijaykumar filed a return under S.12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (for short "the Ceiling Act") after the commencement date, i.e. 2-10-1975. The Surplus Lands Determination Tribunal (For short "the SLDT") determined the total holding of the landholder at 76 acres 38 gunthas out of which 3 acres 38 gunthas were allowed as pot kharab. From the remaining total holding of the landholder he was allowed to retain 54 acres and 19 acres were declared as surplus land by the SLDT by its order dt. 20-10-1976. The Maharashtra Revenue Tribunal (for short "the MRT") confirmed the order of the SLDT in appeal. Hence these two writ petitions, one by the landholder Vijaykumar and another by the tenant Waman.

(3.) Both these petitions involve the question relating to field survey No.7 admeasuring 11.26 acres and field survey No.10 admeasuring 14.01 acres both of village Sakhari. One Waman, the respondent 2 in Writ Petition No.1376 of 1977 and the petitioner in writ petition No.1071 of 1978 claimed that he was in possession of survey Nos.7 and 10 as a tenant in 1958-1959 whereafter he was dispossessed by the said Vijaykumar. On 30-10-1975, Waman filed an application before the Additional Tahsildar, Murtizapur, registered as Revenue Case No. 7/59 (13B)/1975-1976 for restoration of possession of survey Nos.7 and 10 to him under S.49B of the Tenancy Act. The Additional Tahsildar rejected the application but in appeal the Sub-Divisional Officer, Murtizapur by his order dt. 11-9-1979 allowed the appeal, set aside the order of the Additional Tahsildar and directed that possession of field survey Nos.7 and 10 should be restored to Waman. The above order dt. 11-9-1979 was passed by the Sub-Divisional Officer during the pendency of the instant writ petition. As per the above order, according to the petitioner, the tenant Waman was put in possession of the said fields on 27-3-1980.