JUDGMENT - DHABE H.W., J.:---The petitioner, who was minor on 2-10-1975 is major now. She has challenged in this writ petition the validity of section 16(3) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (for short the Ceiling Act).

2. Briefly, the facts are that one Gopal Khaparde, the father of the petitioner, filed a return on behalf of his family unit which included the petitioner. According to the petitioner, she was holding separate land to the extent of 30 acres which was included in the holding of the family unit in accordance with the provisions of section 4(1) of the Ceiling Act. Her challenge in this writ petition is that section 16(3) which permits the spouses to retain lands in the same proportion in which the lands were held by each spouse before the declaration of surplus is arbitrary and discriminatory since no such provision is made in respect of the lands separately held by the minor sons or minor unmarried daughters whose separate lands are included in the holding of the family unit under section 4(1) of the Ceiling Act. The contention, therefore, is that the fundamental right to equality enshrined in Article 14 of the Constitution of India

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