RAMCHANDRA GOPAL BELEKAR Vs. COMMISSIONER AMRAVATI DIVISION AMRAVATI

JUDGEMENT

(1.) Both these writ petitions challenge the order dated 30-11-1992 passed by the Commissioner, Amravati Division, Amravati, in exercise of Revisional power under section 45 (2) of the Maharashtra Agricultural lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as the Ceiling act).

(2.) The grievance made by the learned counsel for the petitioners is that provisions of section 45 (2) of the Ceiling Act prescribe the limitation of three years from the date of declaration under section 21 of the Ceiling Act and here the order passed by the Commissioner is about 8 years thereafter and there is absolutely nothing on record to show that the Commissioner applied his mind within a period of three years from the date of order of Surplus Land determination Tribunal. As the order impugned is common and point being raised is common, both the petitions are taken up for hearing together. The parties were heard on 30-3-2005 and thereafter on 31-3-2005.

(3.) The order of Surplus Land Determination Tribunal determining surplus land in this case is based on the order dated 4-1-1984 and as per said order, the petitioner in Writ Petition No. 982 of 1993 is found surplus to the extent of 76. 01 acres. The petitioner in other writ petition is one of the purchasers from minor daughter of the petitioner in Writ Petition No. 982 of 1993. Shri Chandurkar, advocate for the petitioner has on 2-3-2005 moved Civil Application No. 1566 of 2005 in Writ Petition No. 982 of 1993 seeking leave to add grounds in this respect in writ petition.