Case Note & Summary
The petitioner, Sidhling Rangnath Ghongade, a resident of Ainapurwadi, Taluka Paranda, District Osmanabad, filed a writ petition challenging the judgment and order dated 30-03-1993 passed by the Additional Divisional Commissioner, Aurangabad Division, Aurangabad in Case No.1978/ICH/R/1796. The petitioner's father, Rangnath Gyanba Ghongade, had submitted a return under the Amended Ceiling Act on 25-07-1977, showing a total holding of 76 acres 29 gunthas. The Surplus Land Determination Tribunal (SLDT), Paranda, by judgment and order dated 07-07-1978 in Ceiling Case No.75/Ceiling/VIII/651, declared certain land as surplus. The Additional Divisional Commissioner confirmed this order. The petitioner contended that the authorities did not properly exclude irrigated land from the calculation, leading to an incorrect determination of surplus land. The High Court, after hearing both sides, found merit in the petitioner's contention. The court noted that the authorities had not applied the correct legal position regarding the exclusion of irrigated land under the Amended Ceiling Act. Consequently, the High Court allowed the writ petition, set aside the impugned order, and remanded the matter to the Additional Divisional Commissioner for fresh consideration in accordance with law. The court directed that the petitioner be given an opportunity of hearing before passing a fresh order.
Headnote
A) Land Ceiling - Surplus Land Determination - Exclusion of Irrigated Land - The petitioner's father had submitted a return showing total holding of 76 acres 29 gunthas under the Amended Ceiling Act. The Surplus Land Determination Tribunal declared certain land as surplus. The Additional Divisional Commissioner confirmed the order. The High Court found that the authorities failed to properly exclude irrigated land from the calculation, leading to an incorrect determination of surplus land. Held that the matter requires reconsideration by the Additional Divisional Commissioner with proper application of the Act's provisions regarding irrigated land. (Paras 1-3)
Issue of Consideration
Whether the Additional Divisional Commissioner erred in confirming the surplus land declaration without properly considering the exclusion of irrigated land as per the Amended Ceiling Act.
Final Decision
The writ petition is allowed. The impugned order dated 30-03-1993 passed by the Additional Divisional Commissioner, Aurangabad Division, Aurangabad in Case No.1978/ICH/R/1796 is set aside. The matter is remanded to the Additional Divisional Commissioner for fresh consideration in accordance with law. The petitioner shall be given an opportunity of hearing before passing a fresh order.
Law Points
- Land Ceiling Act
- Surplus Land Determination
- Exclusion of Irrigated Land
- Remand for Fresh Calculation
