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2011 Supreme(Bom) 311

S.S.SHINDE
Anurat S/o Ginaji Jadhav – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:SMI Shaikh, Advocate h/f V. D. Salunke, Advocate. For the Respondents: D.R. Kale, A.P.P.

JUDGMENT :

This petition is directed against the judgment and order dated 13th May, 1991 passed by the Additional Commissioner, Aurangabad in case No. 1978/ICH-R/2772.

2. It is case of the petitioner that, he is resident of village Salimba, Tq. Majalgaon, Dist. Beed. The petitioner filed return in form III as required U/Sec. 12 of the Ceiling Act on 01.12.1975. He has shown his total holding to the extent of 85 Acres 13 Guntha including 7 survey numbers were shown in the said return.

It is further case of the petitioner that, S. L. D. T., Majalgaon had instituted enquiry proceeding on 02nd December, 1975. The S. L. D. T. made full enquiry in the matter. The statement of the petitioner was recorded. The village record was scrutinized. The petitioner had filed certificate of Special Land Acquisition Officer, birth date extract and other documents. The S. L. D. T. after going through the record came to the conclusion that the area to the extent of 9 Acres 07 Guntha from Sy. No. 8A is not in possession of the petitioner and i. e. in possession of Parubai W/o Bhujangrao Shinde. The said area is calculated in the name of Parubai Shinde in her file No. 75/ICH-R/513 and same was not includ















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