NAMDEO APPA SADAPHAL Vs. SURPLUS LAND DETERMINATION TRIBUNAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed challenging the order passed by the Maharashtra Revenue Tribunal dated May 26, 1976.

(2.) The proceedings arise out of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, (hereinafter for brevitys sake referred to as the Ceiling Act). The petitioner is a holder of certain lands. He filed a return under section 12 of the Ceiling Act showing the lands standing in his name and contended that the land Survey No. 210 cannot be classified under section 2(5)(b) of the Ceiling Act. He further contended that the mother was entitled to a share in the family property. Entire agricultural lands are ancestral properties, and therefore, the mother will be entitled to a share.

(3.) The Land Determination Tribunal No. 1 at Kopargaon, District Ahemadnagar made inquiries and after considering the evidence on the record came to the conclusion that the petitioners holding comes to 30 Acres 20 Gunthas only. It was further revealed in the inquiry that a sugarcane block of 10 Acres 20 Gunthas is available to the petitioner. The Surplus Land Determination Tribunal converted the agricultural land into dry lands and came to the conclusion that the total holding thus converted in terms of dry crop area is 65 acres 18 gunthas. In the result, by an order and judgment dated February 27, 1976, the petitioner was declared surplus holder of an area of 10 acres 34 gunthas, and while considering the choice for retention of land, the Tribunal ordered 10 acres 34 gunthas, to be delimited from Survey No. 206/1+ 2 from Village Rahata, held by the petitioner.