AURANGABAD TEXTILES MILLS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE issue raised in this petition under article 226 and 227 of Constitution of India directed against an order of authorities exercising powers under Maharashtra Land Revenue Code (hereinafter referred to as "the Code") is whether they are empowered to pass orders directing resumption of lands belonging to state Government after they vest in the Central Government by virtue of Sick Textile undertakings (Nationalisation) Act, 1974 (hereinafter referred to as "the act" ). It is also urged that before this question is answered it should be decided whether lands in question belong to the State Government or they are of absolute ownership of the Sick Textile Undertaking taken over by the Central Government.

(2.) THE writ Petition is instituted by Aurangabad Textile Mills (a unit of National Textile Corporation, South Maharashtra Limited) against State of Maharashtra and authorities exercising powers under the Code. By an amendment granted by this Court, respondent no. 5 has been impleaded as party respondent.

(3.) THE challenge in this petition is to the order of Assistant Collector, aurangabad dated 12th September, 1986 passed in Appeal No. 70-JMB-72. The said order is passed in exercise of powers conferred vide Section 53 of the Code. By this order, Tahsildar Aurangabad has been directed to obtain possession of the land described hereinbelow :- <FRM>JUDGEMENT_395_MHLR1_2005Html1.htm</FRM>