BHADURKHAN AMIRKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, Bahadurkhan, was declared a surplus holder under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 by the Surplus Lands Determination Tribunal, Paithan on May 7, 1976, to the extent of 33 acres 9 gunthas. The appeal filed against the said decision before the Maharashtra Revenue Tribunal was dismissed on July 1, 1976. The concurrent findings and orders of the two learned Tribunals are challenged by the petitioner in the above special civil application, under Article 227 of the Constitution of India.

(2.) The first point raised by Mr. Agrawal, the learned Counsel appearing for the petitioner was that the two learned Tribunals, erred in including survey No. 81 of the village Dera though it was an Inam land vested in Dargah Gaibi Shah, and the petitioner was neither the owner nor the tenant of the land.

(3.) The Surplus Lands Determination Tribunal, over-ruled this contention on the ground that 1/3rd of the grant was for Mahle Shart, 1/3rd for Saheb Kidmat and 1/3rd for Mutwalli; the question was referred to the Commissioner but the Commissioner had not given any guidance; and as the land was being cultivated by the petitioner as a Mutwalli, the entire area of the land measuring 17 acres 19 gunthas should be included in his holdings.