PANDHRINATH VITHALRAO AWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition seeks to have the order passed by the Additional Commissioner, Nagpur Division, Nagpur, on 25-5-1993 in Revision No. 6/60-A(6)/89-90 of Dhamangaon quashed and set aside and a further direction to the authorities to take surplus land from the holding of respondent No. 5 Gangadhar Raghoba Bhoyar from whom the petitioner had purchased the land.

(2.) The Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 (for short, "the Ceiling Act") came into force on 2-10-1975. The petitioner purchased 11.25 acres of land from Survey No. 55 from respondent No. 5 on 26-7-1979. Thus the land had to be included under section 10 of the Ceiling Act for computing the total holding of land holder respondent No. 5. On 8-6-1987, the Surplus Land Determination Tribunal determined that 18.81 acres of land was surplus and also possibly held that the land was delimited from Survey No. 55. The landlord had challenged the computation of total holding and the surplus land before the Maharashtra Revenue Tribunal by preferring Ceiling Appeal No. 47 of 1989. The State also seems to have raised a cross-objection and eventually the Maharashtra Revenue Tribunal, by its order dated 25-9-1987, held that 22.01 acres of land was to be treated as surplus and directed the Surplus Land Determination Tribunal to take further action to delimit 22.01 acres of land after giving the appellant an opportunity to exercise choice of retention.

(3.) By a Jahimarna or proclamation published on 28-3-1990, the petitioner's land was sought to be taken up as surplus land. The petitioner, therefore, filed a revision before the Additional Commissioner, Nagpur Division, Nagpur, under section 45(2) of the Ceiling Act, which was rejected by the Commissioner by his impugned order dated 25-5-1993. This is why the petitioner is before this Court.