G.N.VAIDYA, J. - (1.) The only point which arises in the above Special Civil Application, is regarding the choice of the surplus lands to be delimited under section 16 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
(2.) The Maharashtra Revenue Tribunal has observed in the course of its judgment that as there was no examination or affidavit of the petitioners landlord with respect to the choice made by the petitioner it was rightly not accepted by the Surplus Land Determination Tribunal.
(3.) The learned Maharashtra Revenue Tribunal refused to pass any order though the landlord filed an affidavit stating no objection to the delimitation on the ground that a serious difficulty was created because the land holder was not only actually dispossessed of the surplus land after the order of the learned Surplus Land Determination but the same had already been allotted by the state to the persons entitled to it under the Ceiling Act.;