Judgment

M. Jagannadha Rao, J.-The State of Maharashtra has filed this appeal against the judgment of the High Court of Bombay dated 12.1.1982 in Special Civil Application No. 4026 of 1976. By that judgment, the learned Single Judge allowed the respondent’s application filed under Article 227 of the Constitution of India and set aside the order of the Maharashtra Revenue Tribunal, Nagpur dated 15.7.1976 and the earlier order of the Surplus Land Determination Tribunal dated 27.5.1976 and held that land covered by several alienations made by the declarant, Sri Vithalrao Ganpatrao Warhade during the period 26.9.1970 and 19.9.1975 was to be excluded from the holding of the declarant in view of the proviso to Section 4(1) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 (as amend­ed by Maharashtra Act, 1972 (Act XXI of 1975) and as amended by Maharashtra Act, 1975. (Maharashtra Act XLVII of 1975). We shall be referring to the amending Act, 1972 (Act XXI of 1975) as the Amending Act, 1972 and the amending Act XLVII of 1975 as the Amending Act, 1975.

2. We shall now refer to a few facts. Upon public notice being given on 12.3.1976, the landholder gave a list of various