DAGDUBA DAJIBA KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner filed present petition under Article 227 r/w Article 14 of the Constitution of India requesting to quash and set aside the judgment and order passed by the Additional Commissioner, Aurangabad Division, Aurangabad dated 9.5.1991 in File No. 1978/ICH/R-405 produced at Exh. 'C'.

(2.) The petitioner is resident of village Gulkhand, Taluka Partur, District Jalna and is the land holder in the proceeding under the subject matter. Respondent no.1 is the State of Maharashtra; whereas respondent no.2 is the Additional Commissioner, Aurangabad Division, Aurangabad, who passed the impugned order dated 9.5.1991 under Section 45 (2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, as amended in 1975 (hereinafter referred to as, 'the Ceiling Act'). Respondent no.3 is the Collector, Jalna, who is a Tribunal under the Act since there was no special Surplus Land Determination Tribunal (S.L.D.T.) formed for Partur Taluka.

(3.) According to the petitioner, he filed the returns under Section 12 of the Ceiling Act on 27.11.1975. His total holding was shown to the extent of 65 acres 4 gunthas and Potkharaba was shown to the extent of 3 acres and 14 gunthas. Hence, total cultivable land was shown to the extent of 61 acres 30 gunthas. The petitioner showed 5 family members including himself I.e. his wife, 2 sons and one daughter. He also showed his mother in Column no.4 in the returns. Accordingly, the then Surplus Land Determination Tribunal, Partur, District Parbhani (herein after referred to as 'the S.L..D.T.' for short) initiated proceedings against the petitioner on 27.11.1975 in File No. 75/PTR/71 and concluded that the holding of the petitioner was to the extent of 60 acres 23 gunthas. Learned S.L.D.T. also excluded 3 acres land acquired for the road and held that holding of the petitioner comes to 57 acres and 23 gunthas. Accordingly the S.L.D.T. considered 54 acres land to the holder and declared 3 acres and 23 gunthas land as surplus. He also directed to delimit 3 acres 23 gunthas land on western side from Survey No. 39, situated at village Mosa, Taluka Partur, vide judgment and order dated 13.1.1976, Exh. 'A' (Page 16).