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2022 Supreme(Bom) 2083

MANISH PITALE
Vijaya Vijayrao Khadke – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
S.R.Deshpande, Advocate, K.L.Dharmadhikari, Advocate, S.M.Prasad, Advocate

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

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