Case Note & Summary
The petitioner, Bhayyasaheb Babasaheb Aher, a resident of Umapur, Taluka Georai, District Beed, filed a return under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 in the year 1975, disclosing the lands held by him and his family members. The Surplus Lands Determination Tribunal (S.L.D.T.), Georai, by its order dated 26/28 February 1976, declared the petitioner a surplus holder to the extent of 6 acres 22½ gunthas. The petitioner did not file any appeal against this order, and consequently, the order attained finality. After a lapse of about 16 years, the petitioner filed the present writ petition in 1992 challenging the said order. The court noted that the petitioner had not challenged the order earlier and that the order had become final. The court also observed that the petitioner had not offered any explanation for the inordinate delay in filing the petition. The court held that the writ petition was liable to be dismissed on the ground of delay and laches. Accordingly, the court dismissed the petition with no order as to costs.
Headnote
A) Land Ceiling - Surplus Land Determination - Finality of Order - Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, Section 12 - Petitioner filed return under Section 12 in 1975; Tribunal declared him surplus holder of 6 acres 22½ gunthas by order dated 26/28 February 1976. Petitioner did not file any appeal, and the order attained finality. After 16 years, petitioner filed writ petition challenging the order. Held that the order having become final, the writ petition is liable to be dismissed on the ground of delay and laches. (Paras 1-3)
Issue of Consideration
Whether the petitioner can challenge the order of the Surplus Lands Determination Tribunal declaring him a surplus holder after the order has attained finality and after a long delay.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Finality of surplus land determination order
- Limitation for challenging ceiling orders
- Scope of writ jurisdiction under Article 226
Case Details
2011 LawText (BOM) (03) 4
Writ Petition No. 3009 of 1992
Mr. P.P. More, A.G.P. for the respondents
Bhayyasaheb s/o. Babasaheb Aher
The State of Maharashtra, Chairman, Surplus Lands Determination Tribunal, Georai
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Nature of Litigation
Writ petition challenging the order of the Surplus Lands Determination Tribunal declaring the petitioner a surplus holder under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Remedy Sought
Petitioner sought to quash the order dated 26/28 February 1976 passed by the Surplus Lands Determination Tribunal, Georai, declaring him a surplus holder.
Filing Reason
Petitioner was declared a surplus holder of 6 acres 22½ gunthas by the Tribunal, and he did not file an appeal. After 16 years, he filed the writ petition challenging the order.
Previous Decisions
The Surplus Lands Determination Tribunal, Georai, by order dated 26/28 February 1976, held the petitioner a surplus holder of 6 acres 22½ gunthas. No appeal was filed, and the order attained finality.
Issues
Whether the writ petition challenging the order of the Surplus Lands Determination Tribunal is maintainable after the order has attained finality and after a delay of 16 years.
Submissions/Arguments
Petitioner: Not argued (none appeared).
Respondents: The order of the Tribunal has become final as no appeal was filed. The writ petition is barred by delay and laches.
Ratio Decidendi
An order of the Surplus Lands Determination Tribunal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, which is not appealed against, attains finality. A writ petition challenging such an order after a long delay (16 years) without any explanation is liable to be dismissed on the ground of delay and laches.
Judgment Excerpts
The petitioner did not file any appeal challenging the order of the S.L.D.T. Therefore, said order attended finality.
In the result, the writ petition is dismissed. No order as to costs.
Procedural History
1975: Petitioner filed return under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. 26/28 February 1976: Surplus Lands Determination Tribunal declared petitioner surplus holder of 6 acres 22½ gunthas. No appeal filed. 1992: Petitioner filed Writ Petition No. 3009 of 1992 in the Bombay High Court challenging the order. 08 March 2011: High Court dismissed the petition.
Acts & Sections
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961: Section 12
