S B LADDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Shivnarayan Badrilal Ladda, was declared a surplus holder, to the extent of 13 acres 29 gunthas by an order, dated March 23, 1976, passed by the Surplus Lands Determination Tribunal, Partur. The order was confirmed by the Maharashtra Revenue Tribunal, in the appeal filed by the petitioner, but in the appeal filed by the tenant, a certified copy of the order which was produced before me by Mr. Yande, the learned Assistant Government Pleader, and referred to and relied upon by Mr. Agrawal, the learned Counsel appearing for the petitioner, the Revenue Tribunal, modified the order by delimiting the surplus out of survey No. 35 of village Bramawadgaon instead of out of Survey No. 71 of village Dahiphal Bhongane, as directed by the Surplus Lands Determination Tribunal.

(2.) One of the grounds urged in the petition filed in this Court for the petitioner was that the land of the tenants was wrongly delimited, but in view of the subsequent decision of the learned Revenue Tribunal, dated June 11, 1976, that ground does not survive and, therefore, Mr. Agrawal appearing for the petitioner fairly stated that he cannot urge that ground now. However, Mr. Agrawal, submitted that a map of the District Inspector of Land Records, Parbhani, showed that 8 acres and 5 gunthas were covered by Dudhana river in Survey No. 35 and it should have been excluded from the holdings of the petitioner.

(3.) The map was produced by the petitioner before the learned Revenue Tribunal; and the Revenue Tribunal, rejected the map on the ground that it was merely the opinion of the District Inspector of Land Records. Mr. Agrawal, rightly submitted that if the Revenue Tribunal, was inclined not to accept what was stated in the map, an opportunity should have been given in the interest of justice to the petitioner, to show that a river was passing through 8 acres 5 gunthas of land as stated in the map. The contention of Mr. Agrawal, must be accepted in the facts and circumstances of the case.