BALAJI G YARAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY invoking the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, this writ petition is directed against the order dated 25-6-1991 passed by the Additional commissioner, Amravati exercising suo motu revisional jurisdiction under Section 45 (2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (for short, the Ceiling Act,) by which he held that 7. 20 acres of land from survey No. 106 and 10. 00 acres of land from survey no. 64 is uncultivable. Relevant facts are as under :

(2.) THE petitioner is owner of the land and he had filed return as is required under Section 12 of the Ceiling Act. The Surplus Land Determination Tribunal (SLDT) had examined the return and declared surplus land by the order dated 29-11-1985. By that order the land admeasuring 7. 20 acres out of survey No. 106 and the land admeasuring 10. 00 acres out of survey No. 64 was declared as uncultivable land. Being aggrieved by the order passed by the SLDT, the petitioner had filed appeal before the Maharashtra Revenue Tribunal (MRT) and ultimately the MRT by order dated 24-6-1986 allowed the cross objection filed by the State and declared that the land admeasuring 7. 20 acres out of survey No. 106 and land admeasuring 10. 00 acres out of survey No. 64 was uncultivable land.

(3.) THE petitioner being aggrieved by the said order filed writ petition in this Court being Writ Petition No. 1864/1986 which was allowed by this Court on 19-2-1988 and the order passed by the MRT was set aside and the matter was remanded back to the SLDT for deciding the question afresh and to calculate the total holding of the family unit of the petitioner after rendering a finding upon the question regarding Potkharab land out of field survey No. 106. Thereafter the SLDT held the enquiry, visited the spot and passed the order on 3-9-1988 and declared that the land admeasuring 7. 20 acres out of survey No. 106 is Potkharab land and as such, it is liable to be excluded while computing the area of ceiling. Thereafter the Additional Commissioner by exercising suo motu revisional powers under Section 45 (2) of the Ceiling Act had rendered the judgment dated 29-4-1991 and set aside the order passed by the SLDT and declared that the land admeasuring 7. 20 acres out of survey No. 106 and the land admeasuring 10. 00 acres out of survey No. 64 is cultivable land and liable to be taken into account while computing the ceiling area. It is this order which is under challenge in this writ petition.