KESHAORAO RAOJI Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution raises an important question under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, that question being what land within the meaning of section 2(16) is liable to be excluded in determining the ceiling area and the surplus area in case of a landholder.

(2.) THE petitioner returned an area of 135 acres and 25 gunthas as land in his possession under section 12 of the Ceiling Act. The ceiling limit for this area is 84 acres. The Special Deputy Collector declared 51 acres and 25 gunthas as surplus liable to vest in the State. The petitioner disputes this finding and claims that as much as 8 acres, 29 gunthas are liable to be excluded altogether because that much area does not answer the description of land given in section 2 (16) of the Act. The break -up of this area is claimed as follows:

(3.) SYED Habib who is a retired Assistant Superintendent of Land Records and an experienced revenue officer, stated that he had seen all the three fields because he was the Revenue Inspector at the time of settlement and thereafter worked as Assistant Superintendent of Land Records, and also as Superintendent of Land Records and Naib -Tahsildar for some time. He has supported the petitioner that 3 acres, 1 guntha out of survey No. 28, 3 acres, 8 gunthas out of survey No. 39 /2 and 2 acres, 21 gunthas out of survey No. 1 /1 were uncultivable due to nalas and roads. He also stated that it was not possible to grow crops in this much area. No crop can be grown even if an attempt were made. It appears that this witness was not asked any question in cross -examination.