Case Note & Summary
The petitioner, Bapurao s/o Umaji Bapmare, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the proceedings in Case No.1978/ICH/R/2295, the judgment and order dated 26.9.1991 passed by the Surplus Land Determination Tribunal (S.L.D.T.) in Case No.75/ICH/887, and the judgment and order of the Maharashtra Revenue Tribunal (M.R.T.), Aurangabad dated 10.2.1992 in Case No.74/A/91/B, to the extent of the remand order. The petitioner had filed returns under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1960 on 26.11.1975, showing his total holding as 92 acres and 14 gunthas, which included lands held by his major son Babasaheb and other family members. The S.L.D.T. determined surplus land, and the M.R.T. remanded the matter for fresh consideration. The petitioner challenged these orders. However, when the petition came up for hearing, the petitioner's advocate, Shri V.D. Salunke, was absent. The court noted that the petition was of 1992 and had been pending for a long time. The court observed that the petitioner had not taken any interest in prosecuting the petition. Consequently, the court dismissed the petition for non-prosecution. The court did not examine the merits of the case due to the petitioner's failure to appear and argue.
Headnote
A) Ceiling on Holdings - Surplus Land Determination - Section 12, Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1960 - Petitioner filed returns under Section 12 showing total holding of 92 acres 14 gunthas including lands of major son and other family members - Tribunal determined surplus land and M.R.T. remanded matter - Petitioner challenged orders but failed to appear or argue - Held that petition is dismissed for non-prosecution (Paras 1-3).
Issue of Consideration
Whether the Surplus Land Determination Tribunal and the Maharashtra Revenue Tribunal erred in determining surplus land and remanding the matter for fresh consideration.
Final Decision
The writ petition is dismissed for non-prosecution.
Law Points
- Ceiling on holdings
- Surplus land determination
- Remand order
- Non-prosecution
- Dismissal for default
Case Details
2010 LawText (BOM) (12) 13
Writ Petition No.820 of 1992
Shri V.D. Salunke (for Petitioner, absent), Shri K.J. Ghute Patil (A.G.P. for Respondents)
Bapurao s/o Umaji Bapmare
The State of Maharashtra, Surplus Land Determination Tribunal Majalgaon, The Additional Commissioner Division Aurangabad, The Maharashtra Revenue Tribunal Aurangabad
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Nature of Litigation
Writ petition challenging orders of Surplus Land Determination Tribunal and Maharashtra Revenue Tribunal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1960.
Remedy Sought
Petitioner sought to quash the judgment and order dated 26.9.1991 of the Surplus Land Determination Tribunal and the judgment and order dated 10.2.1992 of the Maharashtra Revenue Tribunal to the extent of the remand order.
Filing Reason
Petitioner challenged the determination of surplus land and the remand order passed by the M.R.T.
Previous Decisions
The Surplus Land Determination Tribunal passed an order on 26.9.1991 in Case No.75/ICH/887. The Maharashtra Revenue Tribunal passed an order on 10.2.1992 in Case No.74/A/91/B, remanding the matter.
Issues
Whether the Surplus Land Determination Tribunal and the Maharashtra Revenue Tribunal erred in determining surplus land and remanding the matter for fresh consideration.
Submissions/Arguments
Petitioner's advocate was absent; no arguments were advanced.
Ratio Decidendi
When the petitioner fails to appear or argue the petition, the court may dismiss the petition for non-prosecution without examining the merits.
Judgment Excerpts
This petition is filed challenging the proceedings in case No.1978/ICH/R/2295, the judgment and order dated 26.9.1991 passed by the Surplus Land Determination Tribunal in Case No.75/ICH/887 and also the judgment and order of M.R.T., Aurangabad dated 10.2.1992 in case No.74/A/91/B, to the extent of remand order.
It is the case of the petitioner that he had filed returns under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1960 on 26.11.1975.
In the result, this petition is dismissed for non-prosecution.
Procedural History
The petitioner filed returns under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1960 on 26.11.1975. The Surplus Land Determination Tribunal passed an order on 26.9.1991 in Case No.75/ICH/887. The Maharashtra Revenue Tribunal passed an order on 10.2.1992 in Case No.74/A/91/B, remanding the matter. The petitioner filed Writ Petition No.820 of 1992 in the Bombay High Court challenging these orders. The petition was dismissed for non-prosecution on 14.12.2010.
Acts & Sections
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1960: Section 12
