RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Deshpande, Advocate for the petitioners and Shri Doifode, Assistant Government Pleader for respondents no. 1 and 2.

(2.) BY this writ petition filed under Article 226 of Constitution of India, the petitioner has prayed for quashing and setting aside the notices dated 4/12/1992 and 17/4/1993 issued by respondent No. 2 - Commissioner, for conducting enquiry into the holding of petitioner as per the Principal/unamended provisions of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, (hereinafter referred to as Ceiling Act ).

(3.) THE petitioners state that after filing of return under section 12 of principal Act on 30/11/1974, the Sub-Divisional Officer passed orders declaring 34. 07 acres of land as surplus and against it an appeal was preferred before the maharashtra Revenue Tribunal which was partly allowed. Against the said order of Maharashtra Revenue Tribunal, Writ Petition No. 1902 of 1975 was filed in the High Court and the High Court remanded the matter back vide its order dated 4/2/1981. After remand, on 28/9/1985, the Sub-Divisional Officer dropped the proceedings holding that the petitioner holds area of 126. 23 and as such there was no surplus land with him. The petitioners state that Survey Nos. 18, 43, 69, 72, 74 and 28 in relation to which the show cause notices are issued are included in the holding of petitioners in those proceedings.