LAWS(BOM)-2011-3-309

MADHAVRAO S/O LAXMANRAO KARHALE Vs. THE STATE OF MAHARASHTRA, NOTICE TO BE SERVED THROUGH GOVERNMENT PLEADER, THE DIVISIONAL COMMISSIONER, AURANGABAD DIVISION AND THE SURPLUS LAND DETERMINATION TRIBUNAL

Decided On March 07, 2011
Madhavrao S/O Laxmanrao Karhale Appellant
V/S
The State Of Maharashtra, Notice To Be Served Through Government Pleader, The Divisional Commissioner, Aurangabad Division And The Surplus Land Determination Tribunal Respondents

JUDGEMENT

(1.) THIS petition takes exception to the notice dated 11.08.1992 issued by the Additional Commissioner, Aurangabad Division, Aurangabad and the proceedings initiated on the basis of the said notice.

(2.) THE Petitioner is resident of Pingali Kothala, Tq. & Dist. Parbhani. The Petitioner filed return under Section 12 of the Maharashtra Agricultural Land (Ceiling on Holdings) Act 1961. The Petitioner had submitted the family record and other relevant record required by the Tribunal. The S.L.D.T. after going though the relevant record came to the conclusion that the Petitioner is a surplus land holder to the extent of 2 Acres 16 Gunthas vide judgment and order dated 24.01.1976. As declared by the Surplus Land Determination Tribunal the Petitioner has delimited the land of 2 Acre and 16 gunthas from the Survey No. 4.

(3.) ON the other hand the learned Additional Government Pleader vehemently opposed the petition and submitted that, the notice is rightly issued by the Additional Commissioner, Aurangabad Under Section 45(2) of the said Act. Therefore, this writ petition is devoid of any merits and same may be dismissed.