Case Note & Summary
The petitioner, Vithal s/o Venkatrao alias Yenkaji Sejul, a resident of Abegaon, Taluka Majalgaon, District Beed, filed a writ petition challenging an order dated 26.08.1993 passed by the Chairman, Surplus Lands Determination Tribunal (S.L.D.T.), Majalgaon, in File No. 75/ICH/141 Tahsil Office, Majalgaon. The petitioner had filed a reference under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, in the year 1975. The S.L.D.T., on the basis of a written statement of the petitioner's father, declared that the petitioner is not a surplus holder on 05.07.1976. However, subsequently, the Chairman of the S.L.D.T. passed the impugned order declaring the petitioner as a surplus holder. The petitioner contended that the impugned order was passed without issuing any notice to him and without giving him an opportunity of being heard, and that the order was based solely on the written statement of his father. The court examined the record and found that the impugned order did not indicate that any notice was issued to the petitioner or that he was heard. The court held that the order was passed in violation of principles of natural justice. Consequently, the court allowed the writ petition, quashed the impugned order, and remanded the matter to the S.L.D.T. for fresh consideration after giving the petitioner a reasonable opportunity of hearing. The court directed the parties to appear before the S.L.D.T. on 11.04.2011.
Headnote
A) Land Ceiling - Surplus Land Determination - Natural Justice - Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - The petitioner challenged an order declaring him a surplus holder based solely on his father's written statement, without any notice or opportunity to the petitioner - The court held that such an order violates principles of natural justice and cannot be sustained - The matter was remanded for fresh consideration after giving the petitioner a fair hearing (Paras 1-4).
Issue of Consideration
Whether the order declaring the petitioner as surplus holder based solely on the written statement of his father, without issuing notice or providing an opportunity of hearing to the petitioner, is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 26.08.1993 passed by the Chairman, Surplus Lands Determination Tribunal, Majalgaon, is quashed and set aside. The matter is remanded to the S.L.D.T. for fresh consideration after giving the petitioner a reasonable opportunity of hearing. The parties are directed to appear before the S.L.D.T. on 11.04.2011.
Law Points
- Natural justice
- opportunity of hearing
- reliance on written statement of third party
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act
- 1961
- Section 12
