JUDGMENT - Mohta J. J.-This matter, seeking to challenge the order of the Maharashtra Revenue Tribunal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (the 'Act' for short), was heard by the learned single Judge (Gadgil J.), who, after hearing parties, felt that the point involved deserves to be considered and decided by a Divisions Bench. This is how the matter has come before us. Point involved is whether lands acquired by the Government under the Land Acquisition Act in between the appointed day and the order of declaration of surplus land are includible in the holdings of a landholder while determining the Ceiling area.

2. Few relevant facts which deserve notice are: One Yeshwant Deshmukh the predecessor-in-title of the petitioners had extensive lands in Amravati and Nagpur Districts. Total acreage of his holdings was 231.22 acres, out of which, 5.14 acres was uncultivable and as such “no land”. Considering the number of family members, the ceiling limit was 160 acres. While enquiry in respect of a return submitted was being made, the field Survey No. 38/3 measuring 19 acres 34 gunthas of village Pimpalkhuta was voluntarily transferred by the landholder

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