Case Note & Summary
The petitioner, Shantabai Sundarrao Deshmukh, is the legal representative of Sundarrao Rangrao Deshmukh, who died on 31.01.1989. The husband of the petitioner had filed a return under Section 12 of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961. The Surplus Land Determination Tribunal (S.L.D.T.) passed a judgment and order on 31.12.1975, declaring the husband a surplus land holder to the extent of 3 acres 7 gunthas from survey No. 1999 at Parbhani. Possession of the surplus land was taken and allotted to others. On 11.08.1992, the Additional Commissioner, Aurangabad Division, issued a notice under Section 45(2) of the Ceiling Act, initiating a suo moto enquiry to reopen the matter. The petitioner challenged this notice on the ground that it was issued after an inordinate delay of 17 years, without any prior notice or intimation. The court considered the legal issue of whether the power under Section 45(2) can be exercised after such a long period. The petitioner argued that the Additional Commissioner must apply his mind and start the enquiry within 3 years from the date of the S.L.D.T. order, and that the notice after 17 years was without jurisdiction. The court, after hearing both sides, held that the power under Section 45(2) must be exercised within a reasonable time, and a delay of 17 years is inordinate and fatal. The court quashed and set aside the notice dated 11.08.1992, allowing the writ petition.
Headnote
A) Land Ceiling - Suo Moto Revision - Limitation - Section 45(2) Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 - The Additional Commissioner issued a suo moto notice after 17 years from the order of the S.L.D.T. - The court held that the power under Section 45(2) must be exercised within a reasonable period, and a delay of 17 years is inordinate and renders the notice invalid - Held that the notice dated 11.08.1992 is quashed and set aside (Paras 1-5).
Issue of Consideration
Whether the Additional Commissioner can initiate suo moto proceedings under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 after a lapse of 17 years from the original order.
Final Decision
The writ petition is allowed. The notice dated 11.08.1992 issued by the Additional Commissioner, Aurangabad Division, is quashed and set aside.
Law Points
- Limitation for suo moto revision
- Reasonable time for exercise of power
- Section 45(2) Maharashtra Agricultural Land (Ceiling on Holdings) Act
- 1961
