MOTIBAI VITHALRAO BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, Motibai Bhosle, was declared a surplus holder to the extent of 31 acres 33 gunthas by the Surplus Lands Determination Tribunal, Bhir, on January 29,1976.

(2.) That order was confirmed by the Maharashtra Revenue Tribunal, notwithstanding the contention of the petitioner that the Pot Kharab land which was incapable of being cultivated, according to her, as defined under section 2(1), measured 16 acres 14 gunthas as shown, by a certificate issued by the village, officer with regard to an inquiry -about the uncultivable land belonging to the petitioner, ordered by the Commissioner, dated June 10, 1976.

(3.) The Translation of the certificate is annexed to the petition as follows ; "It is certified that the lands of Smt. Motibai Vithalrao Bhosale, r/o Borkhed, Taluka Bhir bearing S, Nos.; 311, 312,. 313, 314, 319, 338, 335, 336, 337 were measured on 24, 25 and 26 April 1974, 1 remained present at the time of measurements as per order of Tahsil Office." According to this out of 8 survey numbers 4 hectares and 4 ares were covered by Nala, 2 hectares and 81 aras were covered by road and 57 ares were to be considered as Gotha.