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1977 Supreme(Bom) 81

SHAH, TULZAPURKAR, CHANDURKAR
Shripatrao Dajisaheb Ghatge – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
In Spl. C.A. No. 5377 of 1976 :-H.M. Seervai and M.L. Pendse with S.M. Mhamane, for Petitioners; R.W. Adik, Advocate General as per notice; M.V. Paranjpe and V.D. Govilkar with Sidhwa as Interveners on behalf of the Union of India; C.J. Sawant, Addl. Govt. Pleader with D.P. Hegde, Asstt. Govt. Pleader, for Opponent No.1. In Spl. C.A. No.1880/73:-
H.M. Seervai and M.L. Pendse with H.D. Gole and V.A. Gangal, for Petitioners; R.W. Adik, Advocate General, as per notice; M.V. Paranjpe and V.D. Govilkar with Sidhwa, on behalf of the Union of India, as Interveners; D.M. Rane, for Opponent No.1.In Special Civil Application No.1428/75:-H.M. Seervai and M.L. Pendse with H.D. Gole, for Petitioner; R.W. Adik, Advocate General, as per notice; K.H. Bhabha with V.P. Tipnis on behalf of the Union of India as Interveners; C.J. Sawant,
Addl. Govt. Pleader with D.P. Hegde, Asstt. Govt. Pleader, for Opponent. In Special Civil Application No.1703/75:-H.M. Seervai with C.R. Dalvi, for Petitioners; R.W. Adik, Advocate General, as per notice; K.H. Bhabha with Mr. V.P. Tipnis, on behalf of the Union of India, as Interveners; N.K. Iyer, for Respondents; Interveners appearing with the Court's permission; K.K. Singhvi with P.K. Singhvi and B.N. Singhvi; S.J. Deshpande; A.V.K. Mudaliar, for the Nagpur Municipal Corporation.

Judgement

TULZAPURKAR, Actg. C.J. :- These four petitions have been placed before this larger bench with a view to ascertain the impact of Art.227 of the Constitution as amended by the Constitution (42 Amendment) Act, 1976 on pending petitions filed under that Article prior to its amendment and to consider the allied questions that arise under the said amended article. Each of the four petitions has been regarded as being representative in character of a large number of petitions that have been filed and are pending in this Court since prior to 1st February 1977, the date on which the amended Art.227 has come into force.

2. By Spl. Civil Application No.5377 of 1976 a certain decision rendered in appeal and confirmed in review by the Maharashtra Revenue Tribunal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 has been challenged by the petitioners therein under Art.227; the petition was filed on 9-12-1976 and rule nisi and interim stay were granted by this Court on 14-12-1976. Spl. Civil Application No. 1880 of 1973 is directed against an order dated 21-6-1973 passed by the Commissioner, Poona Division, rejecting an application made by the petitioners under S.












































































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