MADHAO KRISHNARAO DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The only question that can be reasonably considered in the present petition is whether the Maharashtra Revenue Tribunal which is a Court of appeal under section 33 under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 was justified in taking the view, firstly, that the appeal was barred by time and secondly, that there was no good ground to condone the delay in filing the appeal.

(2.) The other part of the order as is reflected in paragraph 9 of the Tribunal's order holding that the petitioner landholder was having surplus land to the extent of 46 acres, 12 gunthas, is not in dispute. If the appeal is held to be in time or the delay caused in filing the appeal was liable to be excused, the result will be that the present petitioner would be adjudged as having surplus land to that extent.

(3.) The present proceedings were started before the Special Deputy Collector, Land Reforms at Yeotmal. After the enquiry which appears to have been completed at Wani on 11-9-1970 the case was fixed for arguments at Yeotmal on 23rd of Sept. 1970. The land-holder was represented by his counsel and arguments were heard on that day. The order-sheet shows that the landholder was directed to file selection before 30-9-1970 and the case was closed for orders. On the next date, i.e. 30th, it does not appear that counsel appeared before the authority. The order-sheet states that none was present and orders passed. It was further stated that the order should be communicated. It was directed that notice to the landholder for the purpose of statement was also to be issued. On 24-10-1970 notice was directed to be issued to the landholder. On 6111970 order-sheet reads that the Officer could not go to Wani due to work in the office. The matter was then posted to 20-11-1970 at Wani. It does not appear that though order-sheet of Sept. 30, 1970 directed communication of the passing of the orders any step was taken by the office of the Special Deputy Collector to give effect to that order. After receipt of the notice relating to selection, the landholder applied for copy on 10-12-1970 and got it on 19-12-1970 and filed the appeal on 22-12-1970.