BABASAHEB R SOLATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner Babasaheb Raghunath Solathe, resident of Takli, Taluka Paithan, has filed this Special Civil Application challenging the order of the Maharashtra Revenue Tribunal, passed in Appeal No. 1830-A of 1976 dated 11th August, 1976 whereunder the learned Member set aside the order passed by the Surplus Land Determination Tribunal and remanded the matter for fresh inquiry directing that the petitioner has got 229 acres of land standing in his name in the record-of-rights. He further directed to ascertain the area of pot kharaba land out of it by giving opportunity to the petitioner to lead evidence on that point and after making the necessary inquiries, the Surplus Land Determination Tribunal should declare the surplus land and delimit the same as per the provisions of law.

(2.) The facts, in brief, are as under. The petitioner is the son of one Raghunath who died on 18 July, 1960 leaving behind him considerable immovable property consisting of lands which totally admeasured 229 acres 11 gunthas. It appears that at the time of the death of the petitioners father, the petitioner was minor. Raghunath left behind him three widows and five daughters who were major at the time of the submission of the return by the petitioner under the provisions of the Amended Ceiling Act. During the minority of the petitioner, partition appears to have been effected by them of this family land and land ad-measuring 58 acres 07 gunthas was allotted to the share of the petitioner. It is seen from the record that the entry regarding the partition allotting different shares to the widows as well as the daughters and the petitioner was mutated by the village Talathi on 16th August, 1960. The entry was certified by Naib Tahsildar on 13th December, 1960. However, the Tahsildar made an endorsement that the entry will take effect if the petitioner after attaining majority, ratifies the partition.

(3.) In the meanwhile under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 the petitioner had filed a return. In that return he has pointed out how during his minority after the death of his father partition had taken place and how he was allotted 58 acres of land. It appears that the Deputy Collector, Land Reforms, Aurangabad in Ceiling Case No. 98 of 1971 dropped those proceedings on 20th September, 1974 on the ground that even if the partition was re-opened, the petitioner would only entitled to 92 acres 12 gunthas of land, and as the ceiling prescribed for the Paithan Taluka is 108 acres, he was holding land below the ceiling prescribed In that view he dropped the proceedings and did not take the action.