FITIMA KASAM SAHEB BAGWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two writ petitions raise basic question whether Fatima Kasam Bagwan who died pending these petitions and her son Abdul Aziz were holding surplus land within the meaning of provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Both these writ petitions can be advantageously disposed of by a common judgment.

(2.) Kasam Bagwan who was husband of the original petitioner in Writ Petition No. 760 of 1990 was resident of Village MassaKhandeshwari, Taluka Kallam, District Osmanabad. The Surplus Land Determination Tribunal, Kallam (hereinafter referred to as, "the S.L.D.T., Kallam") held inquiry. By decision dated 13.4.1976 the S.L.D.T., Kallam declared that the holding of the petitioner's husband Kasam as 'non-surplus'. The husband of petitioner Fatima had expired three years before filing Writ Petition No. 760 of 1990. The Additional Commissioner, Aurangabad Division, Aurangabad somewhere in the year 1989 initiated proceedings under section 45(2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as, "the Ceiling Act"). No notice of the proceedings was issued to the petitioner Fatima or her son. By decision dated 30.6.1989 the Additional Commissioner, Aurangabad Division, Aurangabad remanded the matter to the S.L.D.T., Kallam for re-inquiry. No notice was given by respondent No. 2 while deciding the matter afresh. By order dated 25.1.1990 the S.L.D.T., Kallam held that Fatima's husband Kasam Nabiji Bagwan was holding surplus land to the extent of 16 acres 18 gunthas. It is this order dated 25.1.1990 which came to the notice of petitioner Fatima on receipt of notice dated 18.2.1990 issued by the Circle Inspector of Revenue, Kallam asking the petitioner to remain present on 19.2.1990 to hand over possession of Block Nos. 763 and 803 situated at Massa. It is stated that petitioner Fatima even thereafter continued to be in possession of the property till filing of the petition. With these averments, petitioner Fatima filed Writ Petition No. 760 of 1990 for quashing and setting aside decision dated 30.6.1989 passed by the Additional Commissioner, Aurangabad Division, Aurangabad under section 45(2) of the Ceiling Act in respect of fresh inquiry and for quashing and setting aside decisions dated 25.1.1990 and 15.2.1990 by the S.L.D.T., Kallam.

(3.) The order dated 13.4.1976 passed by the S.L.D.T., Kallam is produced at Exh. 'C' in Writ Petition No. 760 of 1990 and said order clearly shows that after inquiry the S.L.D.T., Kallam declared that holding of Kasam Nabiji Bagwan, resident of Massa Khandeshwari was 'non-surplus'. At Exh. 'E' there is order passed by the Additional S.L.D.T., Kallam dated 25.1.1990 and thereby he declared that Kasam Nabiji Bagwan through his son Abdul Kasam Bagwan was holding surplus land to the extent of 16 acres 18 gunthas and direction had been given to issue notice for filing information in Form No. 7. It is stated that Abdul Kasam Bagwan has not filed information in Form No. 7 and, therefore, 10 acres 6 gunthas land out of Survey No. 170 and 6 acres 12 gunthas land out of Survey Nos. 171, 172 and 173 were declared as surplus.