Case Note & Summary
The petitioner, Vishwanath s/o Narsing Sodgir, a resident of Gangakhed, District Beed, filed a writ petition challenging the declaration of surplus land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. On 29.11.1975, respondent No.2 initiated an enquiry, and after completion, the Surplus Land Determination Tribunal (respondent No.3) declared the petitioner as a surplus holder of 4 acres 2 gunthas vide judgment and order dated 25.03.1976. The petitioner contended that the declaration was erroneous. However, on the date of hearing, none appeared for the petitioner, and the court perused the petition and annexures. The court found no substance in the petition and dismissed it with no order as to costs.
Headnote
A) Land Ceiling - Surplus Land Determination - Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - The petitioner challenged the declaration of 4 acres 2 gunthas as surplus land by the Surplus Land Determination Tribunal. The court found no merit in the petition and dismissed it, noting the petitioner's absence and lack of representation. (Para 1-3)
Issue of Consideration
Whether the petitioner's challenge to the declaration of surplus land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, has any merit.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Land Ceiling
- Surplus Land Determination
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act 1961
- Writ Jurisdiction
- Dismissal for Non-Prosecution
Case Details
2011 LawText (BOM) (03) 7
Writ Petition No. 3150 of 1992
Mr. P.P. More, A.G.P. for the respondents
Vishwanath s/o Narsing Sodgir
State of Maharashtra, Additional Commissioner Aurangabad, Surplus Land Determination Tribunal Gangakhed
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Nature of Litigation
Writ petition challenging the declaration of surplus land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Remedy Sought
Petitioner sought to quash the declaration of surplus land.
Filing Reason
Petitioner was declared a surplus holder of 4 acres 2 gunthas by the Surplus Land Determination Tribunal.
Previous Decisions
Surplus Land Determination Tribunal declared petitioner as surplus holder vide judgment and order dated 25.03.1976.
Issues
Whether the declaration of surplus land was valid under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Submissions/Arguments
None appeared for the petitioner. Respondents argued through A.G.P. Mr. P.P. More.
Ratio Decidendi
The court found no substance in the petition and dismissed it for lack of merit and non-appearance of the petitioner.
Judgment Excerpts
The petitioner herein is resident of village Gangakhed, Dist. Beed.
It is case of the petitioner that on 29.11.1975 respondent No.2 had initiated enquiry under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
The petition is dismissed. No order as to costs.
Procedural History
The Surplus Land Determination Tribunal declared the petitioner as surplus holder on 25.03.1976. The petitioner filed the present writ petition in 1992. The petition was heard on 08.03.2011 and dismissed.
Acts & Sections
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961:
