GOWARDHANDAS LAXMANDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is directed against the order passed by the Additional Divisional Commissioner, Aurangabad in Case No. 1978/ICH/R-2483, dated 30.3.1993, whereby the Additional Commissioner exercised powers under Section 43 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 of suo motu revision and set aside the order of the Surplus Land Determination Tribunal, Gangapur passed in Ceiling Case No. 75/CLNG/23 and remitted the case back for declaration that the holder was surplus for an area of 32 acres 14 gunthas instead of 27 acres 2 gunthas. Further direction was given to the Tribunal to de-limit additional area of 5 acres 12 gunthas for distribution after hearing the holder.

(2.) Facts giving rise to this case may briefly be stated as below.

(3.) At Exh. 'B' there is order passed by the Additional Divisional Commissioner, Aurangabad. He stated that on preliminary scrutiny of the case record, it revealed that the Tribunal committed error and so suo motu revision under Section 42(2) of the Ceiling Act is taken up. The memorandum to that effect was issued on 30.11.1978. The holder was served with notices and the grounds of Revision were communicated to him. As per the petitioner, the said notice was issued to him in the year 1992 after lapse of 16 years after decision of the Surplus Land Determination Tribunal, Gangapur (hereinafter referred to as, "the S.L.D.T.").