JUDGMENT - K.K. Desai, J.

1. In this petition under Article 227 of the Constitution the petitioners challenge the correctness of the Commissioners order and decision dated May 30, 1967 whereby in the suo motu enquiry held by the Commissioner under Sub-section (2) of Section 45 of the Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961, the Commissioner held that six lands of the second petitioner Godavaribai, (being the wife of the first petitioner), consisting of the aggregate area of 83 acres 4 gunthas, were liable to be added to the 112 acres and 19 gunthas of the land-holding of the first petitioner for ascertaining the surplus lands held by the first petitioner in excess of the ceiling area fixed under the above Act.

2. On the return being filed by the first petitioner originally the Collector, Parbhani by his decision and order dated November 80, 1964 held that the first petitioner was the owner of lands of the aggregate area of 110 acres 32 gunthas. Ona hundred find eight acres was the ceiling fixed for the area. He, therefore, held that the first petitioner held 2 acres and 32 gunthas of land as surplus land and directed notice under Section 16 of the Act to issue

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