BHIMRAO DEORAO DHOBALE Vs. LALA MARUTI MASTAD

JUDGEMENT

(1.) THIS is a petition under Article 227 of the constitution of India, which arises under the provisions of the Maharashtra agricultural Lands (Ceiling of Holdings) Act, 1961.

(2.) FEW facts which are relevant for the purpose of this petition are that on 11th May, 1976 the Surplus Land Determination Tribunal allotted in favour of the petitioner 5 acres of land from Gat No. 314 of Pimpa-lgaon (A), Tahsil Barsi under Section 27 of the Maharashtra Agricultural lands (Ceiling of Holdings) Act, 1961, hereinafter referred to as 'the ceiling Act' for the sake of brevity.

(3.) BEING aggrieved and dissatisfied by such an allotment in favour of the petitioner Respondents 1 and 2 filed revision application on 27th august, 1976 before the Assistant Collector, Splapur Division, Solapur, contending that the petitioner was an ex-serviceman and his salary is above Rs. 500/- and hence, since his income exceeds than what is permissible the allotment made in his favour is bad. The Assistant Collector, solapur Division held that in accordance with the provisions of Explanation to a sub-section (10) of Section 27 of the Ceiling Act an ex-serviceman means a former member of the armed forces of the Union whose gross annual income for the year immediately preceeding the month in which surplus land is granted does not exceed Rs. 3600/ -. Thus it was held that the allotment made in favour of the petitioner was bad and the land should be again re-allotted to Respondent Nos. 1 and 2.