LAWS(BOM)-1976-8-1

VITHALRAO UDHAORAO UTTARWAR Vs. STATE OF MAHARASHTRA

Decided On August 13, 1976
VITHALRAO UDHAORAO UTTARWAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) These 2661 cases have clogged the Court's corridors for considerable time, challenging the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Act No. 27 of 1961) as amended by the Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972 (Act No. 21 of 1975) Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) (Amendment) Amendment Act, 1975 (Act No. 47 of 1975) and the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Act No. 2 of 1976).

(2.) The petitioners raised almost Common questions and the petitions can be decided by an order indicating separate points urged in support of different petitioners' claims. It is assumed and not disputed that the petitioner in each petition is aggrieved by the provisions of the Maharashtra Agricultural Lands (Ceiling On Holdings) Act, 1961 (Act No. 27 of 1961) as amended and in issue.

(3.) At the outset it must be stated that in Special Civil Application No. 49 of 1976, decided by this Court on 22nd and 24th of June 1976 (Madanlal Rup-chand Jethalia v. State of Maharashtra), the same said enactments were found to be valid. However, the contention, as we will indicate hereinafter, advanced on behalf of the petitioners at considerable length, is that that decision has not been rendered correctly and there is an obvious possibility of the contrary view on the matter and therefore the matter requires reconsideration. It has also been urged that some of the grounds raised by these petitioners were not raised nor are decided by that decision.