Case Note & Summary
The petitioner, Tukaram S/o Gopalrao Nakate, a resident of Hadgaon, District Parbhani, 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.) after examining the relevant record concluded that the petitioner was not a surplus land holder vide judgment and order dated 17.04.1976. Subsequently, the Additional Commissioner, Aurangabad Division, exercised powers under Section 45(2) of the Ceiling Act and reopened the enquiry suo moto, setting aside the S.L.D.T. order. Thereafter, the S.L.D.T. conducted an enquiry from 14.11.1980 to 20.03.1981. The S.L.D.T. Pathari was later abolished and the matter was transferred to the Deputy Collector (L.R.) Parbhani, who after enquiry concluded that the petitioner was not holding surplus land vide order dated 24.08.1984. However, the Additional Commissioner issued another notice dated 14.07.1992 initiating a fresh suo moto enquiry. The petitioner challenged this notice on the ground that the Additional Commissioner had no jurisdiction to reopen the proceedings after three years from the date of the S.L.D.T. order. The court considered the limitation period under Section 45(2) and held that the Additional Commissioner must apply his mind and initiate the enquiry within three years from the date of the original order. Since the notice was issued after eight years, it was beyond the prescribed period and without jurisdiction. The court allowed the writ petition and quashed the notice dated 14.07.1992.
Headnote
A) Land Ceiling - Suo Moto Enquiry - Limitation Period - Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 - The Additional Commissioner must apply his mind and initiate enquiry within three years from the date of the order passed by the S.L.D.T. - In the present case, the notice was issued after eight years, which is beyond the prescribed period - Held that the notice dated 14.07.1992 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 three years from the date of the order passed by the S.L.D.T.
Final Decision
The writ petition is allowed. The notice dated 14.07.1992 issued by the Additional Commissioner, Aurangabad Division, Aurangabad 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 three years from the date of the original order
- Additional Commissioner cannot reopen proceedings after expiry of three years
Case Details
2011 LawText (BOM) (03) 78
Writ Petition No. 2502 of 1992
Shri E. P. Sawant for Petitioner, Shri K. B. Choudhari, A.G.P. for Respondent/State
Tukaram S/o Gopalrao Nakate
The State of Maharashtra, The Additional Commissioner, Aurangabad Division, Aurangabad
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Nature of Litigation
Writ petition challenging notice issued by Additional Commissioner under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 for reopening suo moto enquiry.
Remedy Sought
Petitioner sought quashing of notice dated 14.07.1992 issued by Additional Commissioner.
Filing Reason
Additional Commissioner issued notice after eight years from the original S.L.D.T. order, which was beyond the three-year limitation period.
Previous Decisions
S.L.D.T. order dated 17.04.1976 held petitioner not surplus land holder; Additional Commissioner set aside that order and after further enquiry, Deputy Collector again held petitioner not surplus land holder on 24.08.1984.
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 three 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 initiate enquiry within three years from the date of the S.L.D.T. order, and the notice issued after eight years is without jurisdiction.
Respondent/State argued through A.G.P. but no specific submissions recorded in the judgment.
Ratio Decidendi
The Additional Commissioner's power under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 to initiate suo moto enquiry must be exercised within three years from the date of the original order passed by the S.L.D.T. Any notice issued after that period is without jurisdiction.
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 08 years i. e. on 14.07.1992.
Procedural History
S.L.D.T. passed order on 17.04.1976 holding petitioner not surplus land holder. Additional Commissioner reopened enquiry under Section 45(2) and set aside that order. S.L.D.T. conducted enquiry from 14.11.1980 to 20.03.1981. S.L.D.T. abolished, matter transferred to Deputy Collector who passed order on 24.08.1984 again holding petitioner not surplus. Additional Commissioner issued fresh notice on 14.07.1992 for another suo moto enquiry. Petitioner filed writ petition on 1992 challenging the notice.
Acts & Sections
- Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961: 12, 45(2)
