VITHALDAS JAGANNATH KHATRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a writ petition arising out of the proceedings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, as amended by the Act No. 21 of 1975 (for short, the Ceiling Act ).

(2.) THE petitioner No. 1 filed a return under section 12 of the Ceiling Act, pursuant to which a ceiling case was opened in respect of the family unit of the petitioner No. 1 consisting of himself, his wife Kamla Devi and his minor son and daughter i. e. respondents 4 and 5. The respondents 6 and 7 are also the daughters of the petitioners but according to the petitioners, they were major on the commencement date i. e. 2-10-1975 and therefore, they do not fall in the family unit of the petitioners defined in section 4 (1) of the Ceiling Act.

(3.) THIS matter had on a previous occasion came to this Court after determination of the surplus land by the Surplus Land Determination Tribunal (for Short, S. L. D. T. ). This Court by its judgment dated 2-3-1982 remitted the proceedings back to the learned trial Court for a fresh decision according to law after giving proper opportunity to the petitioners to lead evidence if they chose to do so. After remand, the learned Sub-Divisional Officer (for short, S. D. O), who held the inquiry after remand, determined the surplus land belonging to the family unit of the petitioners as 59 acres 15 gunthas. The petitioners preferred an appeal before the learned Maharashtra Revenue Tribunal (for short, the M. R. T. ). The State also filed a cross-objection in the appeal. The learned M. R. T. dismissed the appeal filed by the petitioners but allowed the cross-objection filed by the State. It, therefore, accordingly modified the surplus land belonging to the family unit of the petitioner. Being aggrieved the petitioners have preferred the instant writ petition in this Court.