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2000 Supreme(Bom) 481

A.M.KHANWILKAR
Bansilal Ramgopal Bhattad – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Articles 226 and 227 of Constitution of India takes exception to the order passed by the Additional Commissioner, Konkan Division, Bombay dated 27th February, 1987 as well as the order passed by Surplus Land Determination Tribunal dated 21st February, 1976.

2. Briefly stated the facts leading to the present petition are that the petitioner was a member of the joint family which was assessed as HUF by the Income Tax Authority. The Assessment Orders passed by the Income Tax Authority for the year 1941-42 and 1943-44 clearly establish this position. The property in question situated at village Newale, Taluka Palghar, district Thane was acquired by the petitioner from the income of the joint family. The mutation entry with regard to the suit land purchased by the petitioner is registered in the village record being Mutation Entry No. 114. The Mutation entry was certified on 9-10-1953, which records that the property has been purchased in the name of the petitioner vide sale deed dated 7-7-1944. After coming into force of the Maharashtra Agricultural Lands (Ceiling on Holding) Act, 1961, the petitioner submitted returns in which












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