Case Note & Summary
The petitioner, Uttamrao Sampatrao Thakur, a resident of Hivara Bk., Majalgaon, Beed, filed returns under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 in 1975, showing total holding of 56 acres 30 gunthas of dry crop land with 6 family members. The Surplus Land Determination Tribunal (SLDT), Majalgaon, after enquiry, concluded on 06.05.1976 that the petitioner's holding was less than the entitlement of 64 acres 34 gunthas, and thus he was not a surplus holder. In 1991, the Additional Commissioner, Aurangabad, issued a notice dated 04.04.1991 under Section 45(2) of the Act, purporting to reopen the matter suo motu, claiming the revision was opened in 1979. The petitioner challenged this revision on the ground that it was initiated after 15 years without calling for the record and without a conscious decision, making it beyond the statutory period. The court considered the submissions of the petitioner's counsel, Mrs. Suvarna Zaware, and the State's counsel, Shri P.P. More. The court held that the power under Section 45(2) must be exercised within a reasonable period, and a delay of 15 years without calling for the record renders the revision invalid. The court quashed the impugned order dated 18.12.1991 passed by the Additional Commissioner and allowed the writ petition.
Headnote
A) Land Ceiling - Suo Motu Revision - Limitation - Section 45(2) of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - The Additional Commissioner reopened suo motu enquiry after 15 years from the order of the Surplus Land Determination Tribunal without calling for the record and without issuing notice within a reasonable period - Held that such delayed revision is not permissible as the power under Section 45(2) must be exercised within a reasonable time and the initiation must be based on a conscious decision after calling for the record (Paras 2-3).
Issue of Consideration
Whether the suo motu revision initiated by the Additional Commissioner under Section 45(2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 after 15 years from the original order is valid and within the statutory period.
Final Decision
The writ petition is allowed. The impugned judgment and order dated 18th December, 1991 passed by the Additional Commissioner, Aurangabad in case No. 1979/ICHR/720 is quashed and set aside.
Law Points
- Suo motu revision must be initiated within a reasonable period
- delay of 15 years is fatal
- calling for record is a prerequisite for valid initiation of revision
