SITARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three petitions were heard together for admission. Petitioners are allottees of the land in an enquiry to determine surplus holding of the land-holders.

(2.) There are very peculiar facts in the present case. The Deputy collector after holding an enquiry declared land-holders surplus by order dated 12-10-1975 which was subject-matter of appeal before the Revenue tribunal and the Full Bench of the Revenue Tribunal declared the land holders surplus to the extent of 2438. 29 Acres on 12-6-1977. It seems that after the decision of the Revenue Tribunal, the land-holders preferred a special Civil Applications in this Court challenging the order of the deputy Collector dated 25-8-1976 which was also the subject-matter in appeal before the Revenue Tribunal and decided by the Tribunal on 12-6-1977. These two special civil applications filed by heirs of original land-holder disposed of by the High Court on 30th January, 1981. The high Court remanded the matter back to determine the surplus holding of the deceased land-holder afresh by setting aside the order of the Deputy collector dated 25-8-1976.

(3.) Nothing happened in the matter till the year 1988. On 27-4-1988, the petitioners in writ petition No. 1571 of 1988 were allotted 4 Acres land from the land declared surplus by the Revenue Tribunal in appeal on 12-6-1977 and according to petitioners, they are also placed in possession of the same.