S.W.Puranik, J. - (1.)This petition under Article 227 of the Constitution is directed against the concurrent orders passed by the Member of Maharashtra Revenue Tribunal, Nagpur, in Ceiling Appeal No. Alo-A-1717/1976 dated 15th July, 1976 and by the Surplus Land Determination Tribunal in Revenue Case No. 93/60-A (5)/1975-76 dated 27th May of 1976.
(2.)The petitioner challenges the order of the Surplus Land Determination Tribunal as well as of the Member of Maharashtra Revenue Tribunal, regarding assessment of holdings of the petitioner, his wife and minor son together, on several grounds. On furnishing returns as provided under the Ceiling Act, the Surplus Land Determination Tribunal found that the petitioner holds lands in his personal names as well as in the name of his wife Smt. Vimal and minor son Sanjaya. The Tribunal found that the total land held by the petitioner, his wife and minor son was 90.38 acres of land while the entire family unit was entitled to 54.00 acres only. It also found that the petitioner as a head of the family unit was also entitled to hold 5.38 acres as potkharab land plus 2.36 acres as non-agricultural land and 3.38 acres sold for compelling necessity. The Surplus Land Determination Tribunal, therefore, held that he was entitled to retain 65.44 acres of land and thus was holding 24.94 acres land as surplus.
(3.)The petitioner thereafter preferred appeal before the Member, Maharashtra Revenue Tribunal. The Revenue Tribunal after hearing the petitioner and the Government's representatives passed an order dated 15th July, 1975 dismissing the appeal. In short, it confirmed the findings of the Surplus Land Determination Tribunal.