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2003 Supreme(Bom) 963

A.P.DESHPANDE
Champabai Shankarrao Patwari & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - DESHPANDE A.P., J.:---A common question of fact and law emerges in all these petitions and, as such, the same are being disposed of by this common judgment.

2. All the petitioners and/or their predecessor in title had filed returns under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (For short, hereinafter referred to as "the Ceiling Act") and thereafter an enquiry was held under section 14 read with section 21 of the Ceiling Act by the Surplus Land Determination Tribunal. The S.L.D.T. by its orders passed in all the petitions, held that the petitioners do not hold land in excess of the ceiling limit.

3. Under section 45(2) of the Ceiling Act, State Government is empowered to call for the record of any enquiry or proceedings under sections 17 to 21 (both inclusive) for the purpose of satisfying itself as to the legality or propriety of any enquiry or proceedings and may pass such orders thereon as it thinks fit. The said power of the State Government "to call for the record" under sub-section (2) of section 45 has been delegated to the Additional Commissioner, is an admitted position. In exercise of powers under section 45(2) of the Ceili























































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