Case Note & Summary
The petitioner, Ashok Rangrao Deshmukh, a resident of Parbhani, filed returns under Section 12 of the Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 (Ceiling Act) in 1975. The S.L.D.T. Tribunal, Parbhani, by its decision dated 31st December 1975, declared the petitioner a surplus holder to the extent of 5 acres 39 gunthas from survey No. 261 of Parbhani. The surplus land was taken over and allotted to others. In 1990, the Additional Commissioner, Aurangabad Division, issued a notice dated 11th August 1992 purportedly under Section 45(2) of the Ceiling Act to reopen the enquiry suo moto. The petitioner challenged this notice by way of a writ petition, contending that the Additional Commissioner had no jurisdiction to reopen the enquiry after a lapse of 17 years from the date of the S.L.D.T. order. The petitioner argued that under Section 45(2), the Additional Commissioner must apply his mind and complete the enquiry within three years from the date of the original order. The State, represented by the Additional Government Pleader, submitted that the Additional Commissioner had properly applied his mind and issued the notice, and the court should not interfere in writ jurisdiction. The court considered the rival submissions and held that the suo moto enquiry after 17 years was impermissible, as the power under Section 45(2) must be exercised within a reasonable period, which in this case was three years. The court quashed the notice dated 11th August 1992 and allowed the petition.
Headnote
A) Ceiling Law - Suo Moto Enquiry - Limitation - Section 45(2) of the Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 - The Additional Commissioner must apply his mind and complete the enquiry within three years from the date of the order passed by the S.L.D.T. - Reopening after 17 years is impermissible as it causes prejudice and defeats the purpose of the Act (Paras 2-5).
Issue of Consideration
Whether the Additional Commissioner can reopen a suo moto enquiry under Section 45(2) of the Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 after a lapse of 17 years from the date of the original order passed by the S.L.D.T.
Final Decision
The petition is allowed. The notice dated 11th August 1992 issued by the Additional Commissioner, Aurangabad Division, is quashed and set aside.
Law Points
- Limitation for suo moto enquiry under Section 45(2) of the Ceiling Act
- Inordinate delay vitiates revisional power
- Period of three years for completion of enquiry
