STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT Vs. DINKARRAO NARAYANRAO DESHMUKH

JUDGEMENT

(1.) THE petitioner is the State of Maharashtra in this petition under Article 227 of the Constitution. The State challenges an order of the second respon dent, the Maharashtra Revenue Tribunal in proceedings arising under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

(2.) ON 26-7-1962 the first respondent Dinkarrao furnished a return in respect ol the land held by his family under Section 12 of the Ceiling Act. The return was in prescribed form I under Rule 4 (1) (a) of the Rules framed under the Ceiling Act. In this return he showed himself, his wife, two daughters, Vinabai and Rewati Rama, and two sons, Prakash and Umashankar. In all six persons comprised as members of his family. A daughter was born to the first respondent on 21 -1-1964. In calculating the ceiling area available to this family out of the total area of 115 acres 16 gunthas situated at two villages Wariid and Tem-burkheda, the Sub-Divisional Officer determined the average ceiling limit to be 92 acres 22 gunthas. He allowed that much for the family of 5 members and added to it 1/6th on account of the sixth member in the family and declared 8 acres as surplus.

(3.) AGAINST this order the first respondent preferred an appeal before the Maha-rashtra Revenue Tribunal. A Full Bench of the Tribunal took the view that if during the enquiry, which Collector holds, a member is bom in the family, a landholder is entitled to additional area on account of birth of such a member even if it takes place after appointed day. On this basis the appeal preferred by the respondent No. 1 was allowed and it was held that respondent No. 1 did not hold any surplus land. This decision is challenged in this Court on behalf of the State.