- (1.) Leave granted in all the special leave petitions.
(2.) Aggrieved by the common judgment and order dated 22.12.2006 passed by the High Court of Judicature at Bombay in various Writ Petitions, the appellants have filed these appeals by questioning the correctness of the same by raising certain questions of law and urging various grounds in support of the same and requested this Court for setting aside the same and issue writ of certiorari to quash the orders dated 21.10.1986, 23.06.1988, 7.8.1989 and 31.10.1989 passed by the State Government in exercise of its power under Section 14(4) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (in short 'the Act') appointing the Sub Divisional Officer, Pandharpur as Enquiry Officer to hold enquiry in respect of the land holders whose names are mentioned against the land held by them in the said orders. As per the affidavit filed by Shri Shankar Narayan, the Assistant Collector, Pandharpur, by an order dated 27.9.1991, the Government had modified original orders dated 7.8.1989 and 31.10.1989 and in supersession of those orders, the Government has designated the Assistant Commissioner of Land Records, Pune as Enquiry Officer which was subsequently designated the Deputy Commissioner of Pune Division as the Enquiry Officer.
(3.) For the sake of brevity, the relevant brief resume of facts and legal contentions urged on behalf of the parties in C.A. @ SLP(c) No. 9710 of 2007 are stated in this judgment with a view to find out as to whether this Court is required to exercise its appellate jurisdiction under Article 136 of the Constitution of India to interfere with the impugned judgment and order of the High Court and the orders passed by the Maharashtra State Government impugned in the writ petitions. The Saswad Mali Sugar Factory Ltd., Malinagar, District Solapur is a Company registered some time in the year 1932-1933 under the provisions of the Indian Companies Act 1956. The Company purchased 1500-1600 acres of perennially irrigated land at Akluj, Bijwadi, Tambave and Mahalung Villages in Malshiras Taluka. During the said period, the Company took 5000 acres of land on lease from the various land owners in the said villages and thereafter, created sub-leases in favour of its share holders. 125 sub- leases were created and land was allotted to shareholders by the Company between 50-500 acres in favour of each one of the share holders and such holdings of land continued till 26.01.1962, when the said Act came into force. As per the provisions of the Act, an individual was only allowed to hold 18 acres of irrigated land. The cut-off date for determining land holding under the Act was 04.08.1959. It is the case of the State Government that the share holders of the Company fearing loss of their land holdings in collusion with the revenue authorities manipulated the revenue records of the land involved in the proceedings with a mala fide intention to show that besides the holdings of land by the Company, there were 384 sub-leases of the land altogether. It is its further case that lavanchitthis for the period 1959-1960 to 1961-1962 were destroyed and false revenue records were created to substantiate the holding of 384 sub- leases in respect of the land which was in the name of the Company.;