GANGARAM PUNJAJI KALE (DEAD) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against order dated 10th January, 1995, passed by learned Single Judge, dismissing Writ Petition No. 2834 of 1994 filed by the appellants. The appellants are cultivators who hold land in excess in ceiling area as prescribed under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as .the Act.). On 28.02.1969 the Deputy Collector had determined the extent of surplus lands held by the family. This order was set aside and substituted by the Commissioner by order dated 23.09.1971 the Commissioner in suo-motu proceedings. Upon remand by the High Court in an earlier round of litigation, the Commissioner passed an order on 22.07.1994 holding that the original appellant No.1 Gangaram held 20 Acres 18 Gunthas of surplus land.

(2.) During pendency of these proceedings appellant No.3 Ganesh son of original appellant No.1 Gangaram claiming to form a separate family unit, filed fresh return under the Act. By order dated 16.01.1976 the Surplus Land Determination Tribunal held five acres of his land as surplus. This order was challenged by Writ Petition No.2834 of 1994 before this Court on the ground that the Surplus Land Determination Tribunal could not have entertained the proceedings or passed such an order when the proceedings under the unamended Act in respect of Gangarams holding were pending.

(3.) The judgment of the learned single Judge, dismissing this writ petition elaborately dealt with all the challenges raised to the order dated 16.01.1976 and we need not repeat the same since we fully endorse the view taken by the learned single Judge. We would only, briefly, deal with the contentions raised by the learned Advocate for the appellant.