JUDGMENT

K. RAMASWAMY, J.:—This appeal by special leave arises against the judgment of the single Judge of the Bombay High Court at Aurangabad in Writ Petition No. 1903 of 1980 dated June 23, 1983 : (reported in 1984 Mah LR 1). The facts lie in short compass, are stated hereunder.

The respondent filed his declaration under S. 12 of the Maharashtra Agricultural Land (Ceiling and Holdings) Act, (27 of 1961) as amended from time to time, for short the Act. The Surplus Land Determination Tribunal, Partur, after enquiry under S. 17 declared that out of 63 acres 8 guntas of dry lands in Survey Nos. 29, 312 and 11 situated in Shrishti Village Partur Taluka, Parbhani District, the respondent was holding 9 acres 8 guntas surplus land. On appeal the Maharashtra Revenue Tribunal, at the request of the respondent and conceded by the representative of the State, held that instead of resuming surplus land from Survey No. 11, the same be resumed from Survey No. 29 on the western side. With that modification the Appellate Authority by its judgment dated April 13, 1976 upheld the order. The Addl. Commissioner, when the records were placed before him, on perusal thereof found that on the demise of th