Case Note & Summary
The petitioner, a resident of village Zari, Taluka and District Parbhani, was subjected to proceedings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, initiated by the Tahsildar, Parbhani vide file No. 1975/PBN/282/90. The petitioner appeared before the Surplus Lands Distribution Tribunal (S.L.D.T.), Parbhani, and filed his return. The S.L.D.T., after considering the evidence, concluded that the petitioner was not a surplus land holder and passed a judgment and order to that effect. However, the Additional Commissioner, Aurangabad Division, Aurangabad, set aside that order. Aggrieved, the petitioner filed the present writ petition. The High Court, after hearing the parties, found no merit in the petition and dismissed it, thereby upholding the order of the Additional Commissioner.
Headnote
A) Ceiling Laws - Surplus Land Determination - Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - The petitioner challenged the order of the Additional Commissioner which set aside the Surplus Lands Distribution Tribunal's finding that the petitioner was not a surplus holder. The High Court found no merit in the petition and dismissed it, upholding the Additional Commissioner's order. (Paras 1-3)
Issue of Consideration
Whether the petitioner is a surplus land holder under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, and whether the impugned order of the Additional Commissioner is sustainable.
Final Decision
The High Court dismissed the writ petition, finding no merit, and upheld the order of the Additional Commissioner.
Law Points
- Ceiling proceedings
- Surplus land
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act
- 1961
- Writ jurisdiction
- No interference
Case Details
2011 LawText (BOM) (03) 9
Writ Petition No. 3209 of 1992
Mr. K.M. Babhulgaonkar for petitioner, Mr. K.B. Choudhari, A.G.P. for respondents
Prabhakar Ganeshrao Deshmukh
State of Maharashtra, Additional Commissioner, Aurangabad Division
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Nature of Litigation
Writ petition challenging the order of the Additional Commissioner under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Remedy Sought
Petitioner sought to quash the order of the Additional Commissioner setting aside the Tribunal's finding that he was not a surplus land holder.
Filing Reason
The petitioner was aggrieved by the Additional Commissioner's order which reversed the Tribunal's decision in his favor.
Previous Decisions
The Surplus Lands Distribution Tribunal, Parbhani, had held that the petitioner was not a surplus land holder. The Additional Commissioner set aside that order.
Issues
Whether the petitioner is a surplus land holder under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Submissions/Arguments
Petitioner argued that the Tribunal correctly found him not to be a surplus holder. Respondents supported the Additional Commissioner's order.
Ratio Decidendi
The court found no merit in the petition and dismissed it, thereby upholding the Additional Commissioner's order that the petitioner was a surplus land holder.
Judgment Excerpts
The petitioner herein is a resident of village Zari, Tal. & Dist. Parbhani.
The S.L.D.T. After considering the evidence on record came to the conclusion that the petitioner is not surplus land holder and accordingly passed judgment and order.
After hearing both sides, I do not find any merit in the petition. Hence, the petition stands dismissed.
Procedural History
Proceedings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 were initiated by the Tahsildar, Parbhani. The Surplus Lands Distribution Tribunal, Parbhani, held the petitioner not a surplus holder. The Additional Commissioner, Aurangabad Division, set aside that order. The petitioner then filed the present writ petition in the High Court.
Acts & Sections
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961:
