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1976 Supreme(Bom) 144

MASODKAR, DIGHE
Vithalrao Udhaorao Uttarwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
R.M. Hajarnavis, S.R Deshpande, S.N. Kherdekar, J.N. Chandurkar, B.R. Mandlekar, R.N. Deshpande and V.L. Mohta, R.B. Pendharkar, V.R. Manohar, V.S. Sohoni, R.M. Joharapurkar, B.P. Jaiswal, M.S. Choudhari, C.P. Kalele, S.V. Naik, M.Q. Qazi, S.G. Deshpande, D.K. Khamborkar, C.G. Madkholkar, V.D. Deshmukh, Y.S. Athale, S.R. Deshpande and M.N. Ingale, Y.S. Dharmadhikari, Advocate, Madh. Pradesh with Miss Kantirao and B.N. Mohta, for Petitioners; R.W. Adik, Advocate-General, with M.M. Qazi and Naik, A.G.P., for the State.

Judgement

MASODKAR, J. :- These 2661 cases have clogged the Court's corridors for considerable time, challenging the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Act No.27 of 1961) as amended by the Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972 (Act No.21 of 1975) Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) (Amendment) Amendment Act, 1975 (Act No.47 of 1975) and the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Act No.2 of 1976).

2. The petitioners raised almost common questions and the petitions can be decided by an order indicating separate points urged in support of different petitioners' claims. It is assumed and not disputed that the petitioner in each petition is aggrieved by the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Act No.27 of 1961) as amended and in issue.

3. At the outset it must be stated that in Special Civil Application No.49 of 1976, decided by this Court on 22nd and 24th of June 1976 (Madanlal Rupchand Jethalia v. State of Maharashtra), the same said enactments were found to be valid. However, t














































































































































































































































































































































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