ANAND VASUDEO ABHYANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of present Writ Petition filed under section 226 of the Constitution of India, the petitioners have challenged the order dated 15-5-1993/24-5-1993 passed by the respondent, rejecting the application of the petitioners for grant of exemption of their lands on the ground that the said lands are being used for cattle breeding and hence stands exempted in view of provisions of section 472 (b) of the Maharashtra Agricultural Lands (Ceiling on holdings) Act, 1961. This Court has, while admitting the matter, on 18-3-1994 granted interim stay, thereby the possession of the petitioners over the lands, for which the said exemption has been claimed, is protected.

(2.) Heard Mr. S. A. Gordey, Advocate for the petitioners and Mr. A. D. Sonak A. G. P. for the respondent.

(3.) Advocate Gordey points out that survey Nos. 294 and 296 admeasuring 7. 40 hectare belonging to Smt. Sarojini Abhyankar and survey No. 266, 267 and 268 admeasuring 8. 50 hectare belonging to Smt. Yogini Abhyankar, forms the subject-matter of the proceedings initiated before the Collector Wardha for grant of exemption under section 47 (2) (b) the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The petitioners before this Court are legal heirs of these two owners. The exemption was sought on the ground that the said lands are being used for cattle breeding. The necessary information, as is required, was also submitted therein. It is appears that on 28-11-1985 the said application was rejected by the respondent and that rejection was challenged by filing Writ petition No. 657/1986 before this Court. That Writ Petition was disposed of on 6-11-1987 by this Court and the matter was remanded back to the respondent with directions to give opportunity of hearing to the petitioners and to make enquiry in the matter. The respondent, thereafter, has conducted enquiry and after hearing the petitioners, has passed impugned order on 15-5-1993/24-5-1993. The respondent has held that the prayer for exemption, on the ground that the petitioners are using their lands for cattle breeding, cannot be granted and is not maintainable under section 47 (2) (b) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.