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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Manish Pitale, J.
Vijaya Vijayrao Khadke – Appellant
Versus
State of Maharashtra – Respondent
Writ Petition No. 5670 of 2021
Decided On : 06-06-2022
Res Judicata - Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Sec. 21(1), Sec. 33, Sec. 45(2) - The judgment discusses the finality of the declaration of surplus land under the Act of 1961, the applicability of the principle of res judicata at successive stages in the same litigation, and the interpretation of the Act by the Supreme Court. The court held that the declaration of surplus land under Sec. 21 of the Act of 1961, is final and conclusive, and the findings rendered on the merits of the matter after giving due opportunity to the landholders. The court also emphasized that for attracting the principle of res judicata, there has to be an expression of opinion on the merits of the issue. The judgment further discussed the nature of the proceedings in the earlier round of litigation that attained finality up to the Supreme Court and the exercise that was to be carried out by the Collector, in pursuance of confirmation of the directions given in the first round of litigation.
Fact of the Case:
The case involved a dispute arising out of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The original landholder filed a return under Sec. 12 of the Act for determination of surplus land. The matter went through multiple rounds of litigation, including appeals and remands, and eventually reached the Collector for fresh choice of retention to be given by the landholders. The petitioners sought to re-agitate issues that had been decided up to the Supreme Court, claiming a change in law due to an amendment to Sec. 6 of the Hindu Succession Act, 1956, and the issue of some lands originally belonging to tribals.
Finding of the Court:
The court found that the declaration of surplus land under the Act of 1961 had attained finality up to the Supreme Court and that the petitioners were not entitled to reopen the issues that had been determined on merits. The court held that the petitioners' attempt to claim the benefit of a change in law due to the amendment of Sec. 6 of the Hindu Succession Act, 1956, and the judgment of the Supreme Court in the case of Vineeta Sharma Vs. Rakesh Sharma was misplaced. The court also rejected the petitioners' claim regarding the lands originally belonging to tribals, finding no legal basis for the contention.
Issues: The issues involved in the case included the finality of the declaration of surplus land under the Act of 1961, the applicability of the principle of res judicata at successive stages in the same litigation, and the interpretation of the Act by the Supreme Court. The court also addressed the petitioners' attempt to claim the benefit of a change in law due to the amendment of Sec. 6 of the Hindu Succession Act, 1956, and the issue of some lands originally belonging to tribals.
Ratio Decidendi: The court held that the declaration of surplus land under the Act of 1961, is final and conclusive, and the findings rendered on the merits of the matter after giving due opportunity to the landholders. The court emphasized that for attracting the principle of res judicata, there has to be an expression of opinion on the merits of the issue. The court also found no legal basis for the petitioners' claim regarding the lands originally belonging to tribals.
Final Decision: The court dismissed the writ petition, finding it without merit, and discharged the rule. The court held that the petitioners were not justified in contending that the impugned orders deserved any interference.
JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for the rival parties.
2. This case has a chequered history and the parties are before this Court on the third occasion from proceedings arising out of the Maharashtra Agricultural Lands (Ceiling on Holdings), Act, 1961, hereinafter referred to as "the Act of 1961". According to the petitioners, the impugned order dtd. 26/06/2020, passed by the respondent No.3 - Collector, Amravati and the impugned order dtd. 15/12/2021, passed by the Maharashtra Revenue Tribunal (hereinafter referred to as "MRT"), are rendered unsustainable in view of change in position of law, particularly clarified by the Hon'ble Supreme Court in its judgment in the case of Vineeta Sharma Vs. Rakesh Sharma and Ors. (judgment and order dtd. 11/08/2020), passed in Civil Appeal Diary No. 32601 of 2018 and connected petitions. According to the petitioners, the effect of the said change in position of law ought to have been taken into consideration, but, the same was erroneously ignored in the impugned orders.
3. In the present case, originally one Rambhau Shamrao Patil filed return under Sec. 12 of the Act of 1961, in the context of determination of surplus land under the provisions of the said Act. By order dtd. 20/04/1978, the Surplus Land Determination Tribunal (SLDT) passed its order holding that 71.07 acres of land was surplus and 25.27 acres of land stood confiscated. Aggrieved by the said order passed by the Tribunal, the said Rambhau Shamrao Patil filed an appeal before the MRT. The said appeal came to be allowed and by order dtd. 26/09/1978, the matter stood remanded to the SLDT. Thereafter, on 17/12/1979, after conducting fresh enquiry, the SLDT passed an order declaring 71.07 acres land as surplus and 37.36 acres stood confiscated.
4. On an appeal filed challenging the said order of the SLDT, the MRT dismissed the appeal on 15/12/1980. The said order of MRT was made subject matter of challenge by Rambhau Shamrao Patil and others by filing Writ Petition No. 89 of 1981. The said appeal was partly allowed by a learned Single Judge of this Court by judgment and order dtd. 24/06/1985. It was held that while the declaration of surplus land made by the SLDT deserved to be maintained, the declaration of forfeiture deserved to be set aside. After holding in the aforesaid manner, the SLDT was directed to give fresh choice of retention to the petitioners.
5. The petitioners therein challenged the said order of the learned Single Judge by filing Letters Patent Appeal No.78 of 1986. A Division Bench of this Court slightly modified the order passed by the learned Single Judge, by holding that land admeasuring 8 acres and 11 gunthas deserved to be excluded from the total holding of the original land holder and that the appellant No.3 therein i.e. the adopted son of said Rambhau Shamrao Patil deserved to retain the said land gifted to him on 31/05/1972. The declaration was upheld with the aforesaid modification.
6. The judgment and order of the Division Bench of this Court was challenged before the Supreme Court by filing Special Leave Petition (Civil) No.4694 of 1988, but, the same stood dismissed on 20/08/1993. As a consequence, the declaration made under the provisions of the said Act by the SLDT, as modified by the orders of the learned Single Judge and Division Bench of this Court, stood finally confirmed.
7. Thereafter, the matter was to be taken forward only on the aspect of fresh choice of retention to be given by the land holders. In this process, a number of orders were passed by the said SLDT, as also the MRT. Upon the matter being remanded, eventually the Tahsildar passed orders in the matter. These orders were challenged before this Court directly by filing Writ Petition No.8472 of 2018. The subject matter of challenge in this Writ Petition was order dtd. 03/12/2018, passed by the Additional Commissioner, Amravati Division and order dtd. 11/06
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