SHAIKH HABIB SHAIKH GULAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is filed by objector Shaikh Habib son of Shaikh Gulab. According to the petitioner, he is in possession of survey number 99/2, area 12 acres 27 gunthas, continuously as a tenant since the year 1970-71. According to him, the respondents Nos. 2 and 3, namely, Vinayak and Parwatibai, tried to disturb his possession and, therefore, proceedings under section 145 of the Code of Criminal Procedure were instituted by the Police before the Sub-Divisional Magistrate, Chandur Railway. The Sub Divisional Magistrate vide his order dated 24-10-73, came to the conclusion that the petitioner was in possession of the suit field during the year 1972-73. He further found that the petitioner had actually cultivated the disputed field as a tenant. Therefore, in view of the evidence before him, the Sub-Divisional Magistrate ultimately directed that the petitioner will continue to be in possession of the suit field, until he is evicted therefrom in due course of law,

(2.) I am informed by the counsel for the petitioner that after this order was passed by the Sub-Divisional Magistrate, Chandur Railway, the landlord did not institute any further proceedings either before a Civil Court or the Tenancy Court to seek possession of the suit field, though the landlord did file a revision application before the Sessions Judge, Amravati, challenging the order passed by the Sub-Divisional Magistrate. I am further informed that the said revision application filed by the landlord was also dismissed. In view of this, it is quite obvious that the order passed by the Sub-Divisional Magistrate dated 24-10-1973 became final and still holds the field, as it is not set aside by any competent Court.

(3.) It further appears from the record that in the return filed by the landholder, namely, respondents Nos. 2 and 3 to this petition, they included this survey number in their holding. Further, while exercising their choice under section 16 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, referred to hereinafter as the Ceiling Act, the landlords made an offer that the land, namely, survey number 99/2, should be declared as surplus. Ultimately, therefore, under section 21 of the Ceiling Act the Surplus Land Determination Tribunal made a declaration regarding the surplus land and delimited survey number 99/2. Such a declaration was given by the Surplus Land Determination Tribunal in spite of the specific objection raised by the petitioner in that behalf. The Surplus Land Determination Tribunal vide its order dated 6th March 1976 held that the petitioner has filed to prove that he was lawfully cultivating the suit field. In this view of the matter, it delimited survey number 99/2 situated at mouza Sawangi as surplus land and further directed that it shall vest in the State Government from the date of its possession without any encumbrances.