Case Note & Summary
The petitioners, legal heirs of deceased Sidram Ganpatrao Solunke, were original land holders in proceedings under the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961. They filed a return under Section 12 of the Act along with their father. The S.L.D.T., Majalgaon, by judgment and order dated 27.04.1976, declared the petitioners and their father as surplus land holders to the extent of 47 acres and 36 gunthas. The surplus land was taken possession and allotted to others. In 1992, the Additional Commissioner, Aurangabad Division, issued notices dated 27.04.1992 and 01.06.1992 purportedly under Section 45(2) of the Ceiling Act to reopen the enquiry suo motu. The petitioners challenged these notices on the ground that the Additional Commissioner had no jurisdiction to initiate such proceedings after 16 years, as the power under Section 45(2) must be exercised within 3 years from the date of the original order. The court held that the Additional Commissioner must apply his mind and summon the land holder within 3 years, and the enquiry must be completed within that period. Since the notices were issued after 16 years, they were without jurisdiction and liable to be quashed. The court allowed the petition and quashed the impugned notices.
Headnote
A) Limitation - Suo Motu Revision - Section 45(2) Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 - The Additional Commissioner must exercise suo motu power of revision within 3 years from the date of the order sought to be revised; notice issued after 16 years is without jurisdiction and cannot be sustained. (Paras 2-3)
Issue of Consideration
Whether the Additional Commissioner has jurisdiction to initiate suo motu 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 original order passed by the S.L.D.T.
Final Decision
The petition is allowed. The impugned notices dated 27.04.1992 and 01.06.1992 issued by the Additional Commissioner, Aurangabad Division, are quashed and set aside.
Law Points
- Limitation period for suo motu revision under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act
- 1961 is 3 years from the date of the original order
- Suo motu notice issued after 16 years is without jurisdiction and liable to be quashed
Case Details
2011 LawText (BOM) (03) 71
WRIT PETITION NO. 2258 OF 1992
Shri E. P. Sawant, Advocate for the Petitioner; Shri P. P. More, A.G.P. for the Respondent/State
Sidram S/o Ganpatrao Solunke, deceased through his L.Rs. Dnyaneshwar @ Nanasaheb S/o Sidram Solunke and Digamber S/o Sidram Solunke
The State of Maharashtra and The Additional Commissioner, Aurangabad Division, Aurangabad
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Nature of Litigation
Writ petition challenging notices issued by Additional Commissioner under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 for reopening suo motu enquiry after 16 years.
Remedy Sought
Petitioners sought quashing of notices dated 27.04.1992 and 01.06.1992 issued by the Additional Commissioner.
Filing Reason
The Additional Commissioner issued notices to reopen the enquiry under Section 45(2) after 16 years from the original order dated 27.04.1976, which the petitioners contended was beyond the 3-year limitation period.
Previous Decisions
The S.L.D.T., Majalgaon, by judgment and order dated 27.04.1976, declared the petitioners and their father as surplus land holders to the extent of 47 acres and 36 gunthas.
Issues
Whether the Additional Commissioner has jurisdiction to initiate suo motu 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 original order passed by the S.L.D.T.
Submissions/Arguments
Petitioners 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 the notice issued after 16 years is without jurisdiction.
Respondents did not contest the limitation point; the court noted that the notices were issued after 16 years.
Ratio Decidendi
The power under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 to initiate suo motu revision must be exercised within a period of 3 years from the date of the original order; any notice issued after that period is without jurisdiction and cannot be sustained.
Judgment Excerpts
The Additional Commissioner must apply his mind within a period of 3 years by summoning the land holder and to start the enquiry.
The Additional Commissioner has issued the notice of suo moto enquiry for the first time after 16 years i. e. on 27.04.1992.
Procedural History
The S.L.D.T., Majalgaon passed an order on 27.04.1976 declaring surplus land. After 16 years, on 27.04.1992 and 01.06.1992, the Additional Commissioner issued notices under Section 45(2) to reopen the enquiry. The petitioners filed the present writ petition challenging those notices.
Acts & Sections
- Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961: Section 12, Section 45(2)
