MANIKRAO YADAVRAO NIRMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was declared a surplus holder to the extent of 47acres & 23 gunthas, under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. by the Deputy Collector, Land Records, Parbbani, on May 31, 1976, upon a Reference on account of differences among the members of the Surplus L and Determination Tribunal, Pathri.

(2.) The members of the Surplus Lands Determination Tribunal, were of the view that the entire pot kharab area as per the the map issued and certified by the District Inspector of Land Record should be excluded. Similarly they were of the view that the area of survey numbers 90-2 and 90-3 of Kharba village and another survey numbers should not be taken into account The Deputy Collector, however, declared the surplus allowing only 5 acres of pot kharab as the "maximum allowable according to the principles laid down by the Government."

(3.) The petitioner, carried an appeal against the said decision before the Maharashtra Revenue Tribunal Aurangabad. The Revenue Tribunal, by the judgement dated August 11, 1976. confirmed the decision of the Deputy Collector The said decisions are challenged in the above special Civil Application.