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1992 Supreme(SC) 550

K.RAMASWAMY, KULDIP SINGH
Tej Singh Rao – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.S.BHASME, D.K.DUBEY, P.P.MANGE, R.B.Masodkar, RANJIT GHOSAL, S.V.NAND, T.S.KRISHNAMURTHY IYER, V.BALAKRISHANA RADDY

JUDGMENT

KULDIP SINGH, J.:—Tej Singh Rao is a lineal male descendant of Pratap Rao Gujar who was one of the Generals of Shivaji the Great. He is holding 294-61 acres of land which is situated in the Bhiwapur Taluk of the erstwhile Nagpur State. He filed return under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (the Act) without prejudice to his claim that the lands are covered by a sovereign legislative grant-flowing from the sovereign authority of Raghoji II , the Bhosle Ruler of Nagpur State, and as such did not come within the purview of the Act. The Special Deputy Collector (Land Reforms) declared 176-91 acres of the land as surplus. The land owner preferred appeal before the Maharashtra Revenue Tribunal under Section 33 of the Act. The Tribunal dismissed the appeal. Tej Singh Rao challenged the order of the Special Deputy Collector and of the Tribunal before the Nagpur Bench of Bombay High Court by way of writ petition under Article 226/227 of the Constitution of India. The High Court dismissed the writ petition with costs. This appeal by Tej Singh Rao by way of special leave petition is against the judgment of the High Court.

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