Case Note & Summary
The petitioner, Anurat Jadhav, a resident of Salimba, filed a return under Section 12 of the Ceiling Act on 1 December 1975, showing total holding of 85 acres 13 guntha. The Special Land Development Tribunal (SLDT) conducted an enquiry, recorded statements, and scrutinized records. It found that 9 acres 7 guntha from Survey No. 8A was not in petitioner's possession but in possession of Parubai Shinde, and 24 acres 36 guntha from Survey No. 55 was acquired by the government for a tank. Thus, the petitioner's holding was reduced to 55 acres 10 guntha, below the ceiling limit, and he was declared a non-surplus holder by order dated 13 January 1974. In 1991, the Additional Commissioner issued a notice under Section 45(2) of the Ceiling Act, purporting to reopen the suo moto enquiry, claiming the revision was initiated in 1978. The petitioner challenged this, arguing that the notice was served after 15 years, the record was not called within three years, and dates were manipulated. The court found that the Additional Commissioner lacked jurisdiction due to inordinate delay and quashed the proceedings.
Headnote
A) Ceiling Law - Suo Moto Revision - Limitation - Section 45(2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - The Additional Commissioner reopened proceedings after 15 years, which was held to be inordinate and without jurisdiction - The court held that the power under Section 45(2) must be exercised within a reasonable period, and a delay of 15 years is not permissible (Paras 2-5).
Issue of Consideration
Whether the Additional Commissioner could exercise suo moto powers under Section 45(2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 after a delay of 15 years from the original order, and whether the proceedings were barred by limitation.
Final Decision
The petition is allowed. The impugned judgment and order dated 13 May 1991 passed by the Additional Commissioner, Aurangabad, and the notice dated 4 April 1991 are quashed and set aside.
Law Points
- Limitation for suo moto revision
- Ceiling Act
- Section 45(2)
- inordinate delay
- lack of jurisdiction
- manipulation of dates
Case Details
2011 LawText (BOM) (03) 56
Writ Petition No. 1293 of 1992
Shri SMI Shaikh (h/f Shri V. D. Salunke) for Petitioner, Shri D. R. Kale, A.P.P. for Respondent/State
The State of Maharashtra, The Additional Commissioner, Aurangabad Division, Surplus Land Determination Tribunal, Majalgaon
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Nature of Litigation
Writ petition challenging the reopening of ceiling proceedings by the Additional Commissioner under Section 45(2) of the Ceiling Act.
Remedy Sought
Petitioner sought quashing of the Additional Commissioner's order dated 13 May 1991 and notice dated 4 April 1991.
Filing Reason
The Additional Commissioner reopened the case after 15 years, which the petitioner claimed was without jurisdiction and barred by limitation.
Previous Decisions
The SLDT, Majalgaon, by order dated 13 January 1974, declared the petitioner a non-surplus holder.
Issues
Whether the Additional Commissioner could exercise suo moto powers under Section 45(2) after a delay of 15 years.
Whether the proceedings were barred by limitation.
Submissions/Arguments
Petitioner argued that the notice was issued after 15 years, record was not called within three years, and dates were manipulated.
Respondent argued that the revision was reopened in 1978 and the delay was not inordinate.
Ratio Decidendi
The power under Section 45(2) of the Ceiling Act must be exercised within a reasonable period; a delay of 15 years is inordinate and renders the proceedings without jurisdiction.
Judgment Excerpts
The Additional Commissioner did not call for the record from the S. L. T. D. within three years from the order of the S. L. D. T.
The notice of revision is issued and served on the petitioner first time in the year 1991 i. e. after 15 years from the judgment and order of the S. L. D. T.
Procedural History
The SLDT declared petitioner non-surplus on 13 Jan 1974. In 1991, Additional Commissioner issued notice under Section 45(2) to reopen. Petitioner filed writ petition in 1992. High Court allowed petition on 10 March 2011.
Acts & Sections
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961: Section 12, Section 45(2)
