HARNARAYAN DHANRUP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a landlord's petition under Articles 226 and 227 of the Constitution for quashing a notice in Form VIII of Rule 8 of the Maharashtra Agricultural Lands (Ceiling of Holdings) Rules, 1962. There is no appearance on behalf of the respondents who are the officers of the State.

(2.) THE petitioner is an agriculturist holding land admeasuring 124. 08 acres. He submitted a return under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The return was scrutinised by the Sub-Divisional Officer and by his order dated 6-12-1965 the Sub-Divisional Officer held that an area of 56. 08 acres as detailed in the order was surplus land with the petitioner. At the same time, a notification under sub-section (2) of Section 21 giving details of land which was declared surplus was also issued. It appears that thereafter nothing was done till the notice impugned in this petition was issued on 15-3-1967 by the respondent. No. 3, namely, Naib Tahsildar, Achalpur, notifying that possession of the land declared surplus would be obtained from him on 4-4-1967. Immediately thereafter this petition was filed, and on admission, interim stay was granted in respect of the contemplated possession being taken.

(3.) THE petitioner challenged some of the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 but that challenge no longer survives. What is however contested is the action in issuing the notice under Rule 8 without due compliance with the provisions of Rules 10 and 11 of the rules. Under R. 10, as soon as may be, after the date on which any land is declared to be surplus land, the Collector or the authorised officer has to issue a public notice in Form X containing a list of surplus lands and the fact that they are available for distribution, and call upon persons and bodies mentioned in sub-sections (2) to (5) of Section 27 to submit to him within one month from the date of publication of the notice applications in Form XI for grant of land included as surplus land. After requisite lapse of time, the Collector or the authorised officer is required to scrutinise the applications received in pursuance of this notice and draw up a provisional statement in Form XII indicating therein each land and the applicants therefor (arranged according to the order of priority provided by Section 27 ). This provisional statement is again to be published along with a notice in Form XIII calling upon the persons concerned to submit to him any objections to the priorities fixed in the provisional statement. After the expiry of the period fixed in this notice, the Collector has to consider the objections or any new claims or any other suggestions received from the Registrar, Co-operative Societies and after holding necessary inquiry, amend or modify the entries in the provisional statement.