1. The petitioners challenge the order passed on 31.1.1992 declaring their lands surplus, which order has been passed by the Additional Commissioner.

2. Brief facts which are necessary for deciding the petitioners’ involvement in the writ petition are as follows:-

The Surplus Land Determination Tribunal, by an order dated 13.2.1976 declared certain lands of the petitioners as surplus lands under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (in short, the Ceiling Act"). Being aggrieved by that order the petitioners preferred an appeal before the Maharashtra Revenue Tribunal. The Tribunal accepted the contentions raised by the petitioners and remanded the matter to the Surplus Land Determination Tribunal for a fresh hearing.

3. Thereafter the petitioners appeared before the Surplus Land Determination Tribunal. The Tribunal declared that the petitioners held excess land and, therefore, by an order dated 16.11.1976 declared certain lands as surplus. It was found thereafter that certain other lands owned by the petitioners were not taken into consideration for computing the excess lands. Therefore the Tribunal on 30.11.1976 re-determined the surplus land.

4. An award was passed under Section 25 of the Ceiling Act on 22.2.1977. This award was not challenged by the petitioners and, therefore, it attained finality in 1977 itself.

5. It appears that the record and proceedings was sent to the Additional Commissioner under Section 45(2) of the Ceiling Act. The Additional Commissioner re-determined the excess amount and held that the order passed by the Surplus Land Determination Tribunal was misconceived. This order was passed by the Additional Commissioner on 31.1.1992. The petitioners then approached the Minister of Revenue and Forest, Government of Maharashtra. However, that appeal filed by the petitioners was not decided and hence the present petition.

6. Mr.Patil appearing for the petitioners submits that the only issue involved in the present petition is, whether the Additional Commissioner could have decided to re-determine the surplus land and pass an order, 14 years after the award was passed on the basis of the determination made by the Surplus Land Determination Tribunal. He further submits that the Additional Commissioner could not have exercised such power when the possession of the surplus lands was taken from the petitioners and was distributed in accordance with law.

7. No affidavit has been filed by the Government despite the fact that the petition is pending in this Court for 14 years. Mr.Gokhale, the learned A.G.P. tried to justify the order passed by pointing out that the impugned order indicates that the records were received under Section 45(2) of the Act on 5.1.1979 i.e. within two years from the determination by the Surplus Land Determination Tribunal. He submits that since the record was received within the time stipulated in the proviso to Section 45(2), the order passed by the Additional Commissioner need not be interfered with by this Court in its writ jurisdiction.

8. Section 45(2) reads as under:-

“45(2) The State Government, 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 being heard:

Provided that, nothing in this sub-section shall entitle the State Government to call for the record of any inquiry or proceedings of a declaration or part thereof under section 21 in relation to any land, unless an appeal against any such declaration or part thereof has not been filed within the period provided for it and a period of three years from the date of such declaration or part thereof has not elapsed.

Provided further that, no order sh