Case Note & Summary
The petitioner, Pandit Dnyanoba Gawali, as legal heir of deceased Dnyanoba Ramkrishnarao Gawali, challenged a notice dated 03.09.1992 issued by the Additional Commissioner, Aurangabad Division, under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961. The petitioner's grandfather had filed a return under Section 12 of the Act, and the S.L.D.T., Gangakhed, by judgment and order dated 26.03.1976, declared that he was not a surplus land holder. After 17 years, the Additional Commissioner sought to reopen the enquiry suo moto. The petitioner contended that the Additional Commissioner had no jurisdiction to initiate such enquiry beyond 3 years from the date of 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 rightly issued. The court, relying on the principle that the Commissioner must apply his mind and call for the record within 3 years, held that the notice issued after 17 years was without jurisdiction and liable to be quashed. The writ petition was allowed, and the notice was set aside.
Headnote
A) Land Ceiling - Suo Moto Enquiry - Limitation - Section 45(2) Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 - The Additional Commissioner must call for the record and initiate suo moto enquiry within a period of 3 years from the date of the order passed by the S.L.D.T. - In the present case, the notice was issued after 17 years, which is beyond the prescribed period and without jurisdiction - Held that the notice dated 03.09.1992 is quashed and set aside (Paras 2-5).
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 17 years from the date of the original order passed by the S.L.D.T.
Final Decision
The writ petition is allowed. The notice dated 03.09.1992 issued by the Additional Commissioner, Aurangabad Division, bearing No. 1978/ICHR/550, is quashed and set aside.
Law Points
- Limitation period for suo moto enquiry under Section 45(2) of Maharashtra Agricultural Land (Ceiling on Holdings) Act
- 1961 is mandatory
- Commissioner must call for record and initiate enquiry within 3 years from date of original order
- Notice issued after 17 years is without jurisdiction and liable to be quashed
Case Details
2011 LawText (BOM) (03) 80
Writ Petition No. 2550 of 1992
Shri E. P. Sawant for Petitioner, Shri D. R. Kale, A.G.P. for Respondent/State
Pandit S/o Dnyanoba Gawali (legal heir of deceased Dnyanoba Ramkrishnarao Gawali)
The State of Maharashtra, The Additional Commissioner, Aurangabad Division
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Nature of Litigation
Writ petition challenging a notice issued under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 for reopening a ceiling enquiry after 17 years.
Remedy Sought
Petitioner sought quashing of the notice dated 03.09.1992 issued by the Additional Commissioner, Aurangabad.
Filing Reason
The Additional Commissioner issued a suo moto notice under Section 45(2) after 17 years from the S.L.D.T. order dated 26.03.1976, which the petitioner contended was without jurisdiction due to expiry of limitation period.
Previous Decisions
The S.L.D.T., Gangakhed, by judgment and order dated 26.03.1976, declared that the petitioner's grandfather 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 17 years from the date of the original order passed by the S.L.D.T.
Submissions/Arguments
Petitioner argued that the Additional Commissioner must call for the record and initiate enquiry within 3 years from the date of the S.L.D.T. order; the notice after 17 years is without jurisdiction.
Respondent/State argued that the notice was rightly issued under Section 45(2) of the Act.
Ratio Decidendi
The power under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 to initiate suo moto enquiry must be exercised within a reasonable period, which is 3 years from the date of the original order. The Additional Commissioner cannot issue notice after 17 years as it 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 17 years i. e. on 03.09.1992.
Procedural History
The S.L.D.T., Gangakhed passed order on 26.03.1976 declaring the petitioner's grandfather not a surplus land holder. On 03.09.1992, the Additional Commissioner issued a suo moto notice under Section 45(2) to reopen the enquiry. The petitioner filed Writ Petition No. 2550 of 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)
