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2002 Supreme(Bom) 784

S.A.BOBDE
Laxminarayan Narayandas Jaju – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - S.A. BOBDE, J.:---This petition challenges exercise of suo motu powers by the State Government under section 45 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, (the Act, for short). The only issue which needs determination is: whether the State Government has exercised the powers conferred on it by section 45 of the Act, within the prescribed period of three years, as contemplated in section 45 of the Act. Section 45 of the Act, reads as follows:

"(1) In all matters connected with this Act, the State Government shall have the same authority and control over the officers authorised under section 27, the Collectors and the Commissioners acting under this Act, as they do in the general and revenue administration.

(2) The State Government may, suo motu or on an application made to it by the aggrieved person, at any time, call for the record of any inquiry or proceedings under sections 17 to 21 (both inclusive) for the purpose of satisfying itself as to the legality or propriety of any inquiry or proceedings (or any part thereof) under those sections and may pass such order thereon as it deems fit, after giving the party a reasonable opportunity of bein












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