(1.) A common question of fact and law emerges in all these petitions and, as such, the same are being disposed of by this common judgment.
(2.) ALL the petitioners and/or their predecessor in title had filed returns under s. 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings)Act, 1961 (For short, hereinafter referred to as "the Ceiling Act") and thereafter an enquiry was held under s. 14 read with s. 21 of the Ceiling act by the Surplus Land Determination Tribunal. The S. L. D. T. by its orders passed in all the petitions, held that the petitioners do not hold land in excess of the ceiling limit.
(3.) UNDER s. 45 (2) of the Ceiling Act, State Government is empowered to call for the record of any enquiry or proceedings under ss. 17 to 21 (both inclusive) for the purpose of satisfying itself as to the legality or propriety of any enquiry or proceedings and may pass such orders thereon as it thinks fit. The said power of the State Government "to call for the record" under sub-s. (2) of s. 45 has been delegated to the Additional Commissioner, is an admitted position. In exercise of powers under s. 45 (2) of the Ceiling Act, notices came to be issued to the petitioners after lapse of a period of about 8 to 10 years, after the passing of orders by S. L. D. T. , by the Additional commissioner and thereafter enquiry was made and impugned orders are passed, holding that the petitioner's land holding is in excess of the ceiling limit. The orders passed by the Additional Commissioner in exercise of powers under s. 45 (2) of the Ceiling Act are challenged in these petitions. S. 45 of the Ceiling Act reads thus :
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