SHRIRAM JAGOJI BRAHMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these petitions, the petitioners, who are all transferees of agricultural lands owned by one Abhiman Chipdaji Kalmegh, take exception to the orders, all dated 1-8-1994, passed by the Additional commissioner, Amravati Division, Amravati, delimiting the petitioners' lands as surplus lands of the said Abhiman Chipdaji Kalmegh.

(2.) It is not in dispute that the lands in question were owned by Abhiman chipdaji Kalmegh. All the transfers in favour of the petitioners are subsequent to 4-8-1959 - the date referred to in section 10 of the Maharashtra Agricultural lands (Ceiling on Holdings) Act, 1961 (for short, hereinafter referred to as the ceiling Act. ). Abhiman Chipdaji Kalmegh sold 2 acres of land out of Survey No. 20/2 at Village Mangruli, Taluka Warud, District Amravati, to one Shamrao balaji Dhole on 21-8-1959. The said Shamrao Balaji Dhole sold the land on 15-3-1963 to one Jagoji Dhanuji Brahmane, the father of petitioner Shriram brahmane, in Writ Petition No. 3229 of 1994. Shamrao Balaji Dhole, who had acquired another two acres of land from the said Survey No. 20/2 from Abhiman chipdaji Kalmegh, sold it to Nathu Ganpatrao Brahmne, the petitioner in Writ petition No. 3047 of 1994, by a registered sale-deed dated 19-3-1962. Abhiman chipdaji Kalmegh's widow Annapurna executed a gift-deed of 4 acres and 2 gunthas of land from Survey 'no. ' 20/2 on 7-5-1963 in favour of Krishna rambhau Kalmegh, the petitioner in Writ Petition No. 3048 of 1994. 4 acres of land from Survey No. 35/2-A of 'village Mangruli, Taluka Warud, District amravati, was transferred by a registered sale-deed executed in the year 1958 by abhiman Chipdaji Kalmegh in favour of Antuji Bhaguji Brahmane, the father of the petitioner in Writ Petition No. 3049 of 1994. However, since the exact date of the sale-deed executed in the year 1958 is not pleaded and the sale-deed is not placed on record, the Ceiling Authorities had held that this transfer in favour of antuji Bhaguji Brahmane was hit by the provisions of Section 10 of the Ceiling act. Petitioner Ramkrishna Bajirao Wadekar claims to have purchased one hectare ninety-two ares from Survey No. 35/2-A from Annapurna Abhiman kalmegh by a registered sale-deed dated 18-3-1983. Thus, all these transfers are after 4-8-1959.

(3.) The landholder was found to be in possession of 145 acres and 22 gunthas of land. By an order dated 30-12-1992 passed by the Sub-Divisional officer, Morshi, 59 acres and 7 gunthas of land was found to be in excess. After considering the option exercised by the land holder under Section 16 of the ceiling Act, the Sub-Divisional Officer identified the lands, which were to be delimited and declared as surplus lands, and taken for distribution. These lands include the lands purchased by the or transferred to petitioners. The petitioners preferred revision applications before the Additional Commissioner, Amravati division, Amravati, who dismissed those revision applications by order dated 1-8-1994. Aggrieved thereby, the petitioners have filed these petitions.