Case Note & Summary
The petitioner, Kondabai, as legal heir of deceased Gangubai Kadam, challenged a notice dated 23.06.1992 issued by the Additional Commissioner, Aurangabad, under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961. The original landholder, Gangubai, had filed a return under Section 12 of the Act in 1975, and the S.L.D.T. by judgment dated 02.02.1976 held that she was not a surplus land holder. After 16 years, the Additional Commissioner issued a suo moto notice to reopen the proceedings. The petitioner contended that the Additional Commissioner had no jurisdiction to initiate such enquiry beyond 3 years from the S.L.D.T. order, as the power under Section 45(2) must be exercised within a reasonable period, which is 3 years. The State argued that the notice was valid. The court, relying on the principle that the Commissioner must apply his mind and call for records within 3 years, held that the notice issued after 16 years was without jurisdiction and quashed it. The writ petition was allowed.
Headnote
A) Land Ceiling - Suo Moto Enquiry - Limitation - Section 45(2) Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 - The Additional Commissioner must apply his mind and call for the record within a period of 3 years from the date of the order of the S.L.D.T. to initiate suo moto enquiry; notice issued after 16 years is without jurisdiction and liable to be quashed (Paras 2-4).
Issue of Consideration
Whether the Additional Commissioner has jurisdiction to initiate suo moto enquiry under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 after a period of 3 years from the date of the order passed by the S.L.D.T.
Final Decision
The writ petition is allowed. The notice dated 23.06.1992 issued by the Additional Commissioner, Aurangabad Division, Aurangabad bearing No. 1978/ICHR/2745 is quashed and set aside.
Law Points
- Limitation period for suo moto enquiry under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act
- 1961 is 3 years from the date of the order of the S.L.D.T.
- Suo moto notice issued after 16 years is without jurisdiction
- Commissioner must apply mind and call for records within 3 years
Case Details
2011 LawText (BOM) (03) 68
WRIT PETITION NO. 2254 OF 1992
Shri E. P. Sawant for Petitioner, Shri P. P. More, A.G.P. for Respondent/State
Gangubai W/o Digaji Kadam (Deceased) through her L.R. Smt. Kondabai W/o Nivrati Rakhunde
The State of Maharashtra, The Additional Commissioner, Aurangabad Division
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging a notice issued under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 for suo moto enquiry.
Remedy Sought
Petitioner sought quashing of notice dated 23.06.1992 issued by the Additional Commissioner.
Filing Reason
The Additional Commissioner issued a suo moto notice after 16 years from the S.L.D.T. order, which the petitioner claimed was without jurisdiction due to expiry of limitation period.
Previous Decisions
The S.L.D.T. by judgment and order dated 02.02.1976 held that the original landholder was not a surplus land holder.
Issues
Whether the Additional Commissioner has jurisdiction to initiate suo moto enquiry under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 after a period of 3 years from the date of the order passed by the S.L.D.T.
Submissions/Arguments
Petitioner argued that the Additional Commissioner must apply his mind and call for records within 3 years from the S.L.D.T. order; notice after 16 years is without jurisdiction.
Respondent/State opposed the petition, submitting that the notice was rightly issued.
Ratio Decidendi
The Additional Commissioner must apply his mind and call for the record within a period of 3 years from the date of the order of the S.L.D.T. to initiate suo moto enquiry under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961; failure to do so renders the notice without jurisdiction.
Judgment Excerpts
The Additional Commissioner has no jurisdiction or powers to start or reopen the suo moto enquiry under Sec. 45(2) of the Ceiling Act after the period of 3 years from the date of judgment and order passed by the S. L. D. T.
The Additional Commissioner has issued the notice of suo moto enquiry for the first time after 16 years i. e. on 23.06.1992.
Procedural History
The original landholder filed return under Section 12 of the Ceiling Act in 1975. S.L.D.T. passed order on 02.02.1976 holding no surplus land. Additional Commissioner issued suo moto notice on 23.06.1992 under Section 45(2). Petitioner filed writ petition in 1992 challenging the notice. The High Court allowed the petition on 07.03.2011.
Acts & Sections
- Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961: Section 12, Section 45(2)
