YOGIRAJ KISHANRAO SINCE DEAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present petition, the petitioners are challenging the order, dated 22-1-1985, passed by the Member, Maharashtra Revenue Tribunal, Aurangabad, in Revenue Appeal No. 89/a-84-Beed, whereby the learned Member of the Maharashtra Revenue Tribunal, rejected the appeal filed by the petitioners challenging the order, dated 22-8-1984, passed by the Deputy Collector, Land Reforms, Beed, in Case File No. 80/ich-7-R, whereby the learned Deputy Collector, Land Reforms, Beed, held that the area of surplus land delimited from the holding of the petitioner was proper and that the delimited area of 7 acres 39 gunthas from Field Survey No. 209 deserved to be maintained.

(2.) AGGRIEVED petitioners, therefore, have come up before this Court through the present writ petition, which definitely has a bit complicated history. The present litigation is standing on chequered platform, which would be clear from the facts, which are in nut- shell given as under.

(3.) ONE Kishan s/o Dattatraya Deshmukh, resident of Kalamb, since failed to submit his return in accordance with the provisions of section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as the Act), necessary notice was required to be issued for initiation of an action for not submitting the return. These proceedings were started vide Case No. 71/ich/60, dated 16-2-1976. In this inquiry, the learned Deputy Collector, Land Reforms, Beed, by his order, dated 16-2-1976 reached to the conclusion that Kishanrao Deshmukh, the original landlord, held surplus land over and above the ceiling limit to the extent of 25 acres 4 gunthas. Necessary notice under section 16 of the Act was issued to the landlord for giving his choice, which he was directed to submit within 15 days of the issue of the notice. However, surprisingly, the then landlord Kishanrao failed to exercise the choice and naturally the Authority concerned was left with no other alternative but to pass the order on 23-5-1976 delimiting the surplus area from Field Survey Nos. 203, 205, 212 and 202, as are referred to in the order passed by the learned Deputy Collector, Land Reforms, Beed, on 23-5-1976.