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2015 Supreme(Bom) 20

B.R.GAVAI, MRIDULA R.BHATKAR
Narayanrao – Appellant
Versus
State of Maharashtra, through its Secretary, Revenue and Forest Department – Respondent


Advocates:
Advocate Appeared
For the Appellants: V.S. Dhobe, Counsel.
For the Respondents: R1, M.K. Pathan, AGP, R2 to R5, S.P. Kshirsagar, Counsel.

JUDGMENT

(B.R. Gavai, J.)

1. The appellants challenge the order passed by the learned Single Judge of this court dated 5.3.2004 in a bunch of Writ Petition Nos.2380/1991, 2446 of 1991 and 2449 of 1991, thereby allowing the writ petitions and remitting back the matters to the Surplus Land Distribution Tribunal, Yavatmal (hereinafter referred to as SLDT for the sake of brevity).

2. The facts in brief giving rise to the present appeals are as under:

One Madhukar Yerawar, who is the respondent no.2 in the appeals was the owner of agriculture land situated at Ghatana and Lone. Since it was noticed that he was holding the land in excess of the area permissible as provided under the Maharashtra Agricultural Lands (Ceiling on Holding ) Act, 1961 (hereinafter referred to as the said Act) a Revenue Case no. 188/60A(5)/7576 was filed against the said respondent. The said land owner filed a return as required under sub-section 1 of Section 20 of the said Act. On the basis of the return, the SLDT passed an order on 31.10.1984 thereby holding that an area admeasuring 111.17 acres was surplus i.e in excess of the permissible land. Being aggrieved thereby the land owner went in appeal under the provis


























































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