JUDGMENT:- This writ petition is directed against the order passed by the Additional Divisional Commissioner, Aurangabad in Case No.1978/ICHlR-2483, dated 30.3.1993, whereby the Additional Commissioner exercised powers under Section 43 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 of suo moto revision and set aside the order of the Surplus Land Determination Tribunal, Gangapur passed in Ceiling Case No.75/CLNG/23 and remitted the case back for declaration that the holder was surplus for an area of 32 acres 14 gunthas instead of 27 acres 2 gunthas. Further direction was given to the Tribunal to de-limit additional area of 5 acres 12 gunthas for distribution after hearing the holder.

2. Facts giving rise to this case may briefly be stated as below.

Gowardhandas Laxmandas and Vishakhabai Gowardhandas were husband and wife. They filed 2 separate returns under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as, "the Ceiling Act"). After deduction the holding of land as per notices issued under Sections 17(1) and 17(2) of the Ceiling Act was found to be 166 acres 14 gunthas. Ultimately it was found that t

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