RAJENDRA MAROTRAO PATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this writ petition, the original landholders are challenging the orders passed by the Maharashtra Revenue Tribunal as also the original order passed by the Surplus Land determination Tribunal. By the instant order, the surplus Land Determination Tribunal had declared 14 acres and 13 gunthas of land as surplus land. The appeal against the same had failed. The landholder has come up now in this writ petition before this Court.

(2.) THE original landholder Marotrao Deorao pathare is now no more and the petition is being continued by his legal representatives. He had filed a return and originally his 14 acres and 13 gunthas of land was found to be surplus by the surplus Land Determination Tribunal. He filed an appeal before the Maharashtra Revenue Tribunal. The appeal was allowed and the matter was directed to be remanded to the surplus Land Determination tribunal for fresh enquiry in respect of 9 acres and 21 gunthas of land which was transferred by the landholder. A writ petition came to be filed against this remand order being writ petition No. 1509/77 which writ petition came to be dismissed on 16-1-1985. It was therefore, that the matter was tried by the Surplus Land Determination tribunal all over again and the Surplus Land determination Tribunal again passed an order declaring 14 acres and 13 gunthas of land as excess by its order dated 29-10-1986. There was again an appeal filed by the landholder to the maharashtra Revenue Tribunal being Appeal No. 166/87 and again the matter was remanded. It is thereafter that the present enquiry went on. The notices were issued and the Surplus Land determination Tribunal passed the impugned order dated 13-7-1988. In short, present is the second round in this court and third round in all.

(3.) SHRI S. R. Deshpande, the learned counsel for the petitioners, urged the following points :