ORDER:- A dialectical debate having somewhat far-reaching consequences upon the legislative dynamism and the statutory dictates as contained in the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter called the Act) is raised by the present petition.

2. For the purpose of the present petition, the facts are few and are undisputed. Petitioner No. 1 is the father and petitioner No. 2 is his son. The joint Hindu family of which petitioner No. 1 was the Karta held agricultural lands to the extent of 157 acres 19 gunthas at different villages, all located in tahsil Akot, district Akola, for which under the Act the ceiling area is 78.00 acres. Petitioner No. 2 Milind was born in the family on November 8, 1961. The family is governed by Mitakshara Hindu Law.

3. The Act came into force on January 26, 1962 and on that date the family of which the petitioner No. 1 was the Karta held land in excess of the ceiling area of 78 acres and was thus liable to file return under Section 12 of the Act. It appears that petitioner No. 1 filed a return on February 28, 1962, which was rejected as there was omission of field survey No. 12 and he was directed to file a

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