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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.4849 OF 2019

WITH CA/4590/2022 IN WP/4849/2019

VIJAY MURLIDHAR BHAKARE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioners : Mr. Sanket S. Kulkarni

AGP for Respondents – State : Mr. Y. G. Gujrathi

Advocate for Respondent No.3 : Mr. P. V. Barde

...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 13^th SEPTEMBER, 2022

PER COURT :

1.

By this petition, petitioner impugns communication

dated 25/03/2013, issued by Deputy Collector (Land Acquisition

No.10), Ahmednagar, order dated 14/12/2017, passed by Divisional

Commissioner, Nashik in R.T.S. Appeal No.265/2017 and order

dated 28/02/2018, passed by respondent No.1 in Appeal

No.2018/Pra/Kra.24/L-7.

2.

Facts shorn of unnecessary details are as follows:-

Land of petitioners admeasuring 10 Acre 20 Gunthas

was leased to Godavari Sugar Mills. After implementation of the

Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (for

short ‘Ceiling Act’), all the lands with industrial undertakings were

taken over by the State Government and were given to Maharashtra

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State Farming Corporation. By way of policy decision, lands of

Maharashtra State Farming Corporation were decided to be returned

to original ex-lessors.

3.

Pursuant to said decision, petitioner submitted

application for returning of his land. At the time of lease i.e. on

02/10/1975, total area held by petitioners was 21 Acre 20 Guntha.

In the year 1978, 5 Acre 16 Guntha land was returned to ex-lessor

and 5 Acre 04 Guntha land was in possession of Maharashtra State

Farming Corporation. Petitioner, therefore, claimed remaining 5

Acre 04 Guntha land. Request of petitioner was rejected by Deputy

Collector by communication dated 25/03/2013, holding that land of

petitioner as on 02/10/1975 was 21 Acre 20 Guntha and 12 Acre 12

Guntha area was converted into irrigated land. Since there is one

family unit (husband, wife and three minor children), maximum

land holding can be 18 Acre and only 18 Acre land can be given to

petitioner. Land held by petitioner is 12 Acre 12 Guntha and earlier

he was given back 5 Acre 16 Guntha land, thus, total holding comes

to 17 Acre 28 Guntha. As only 18 Acre land can be given to

petitioner, 12 Guntha area is liable to be returned and since it is

less than 1 Acre, the same cannot be given as per Government

Resolution.

4.

Petitioners challenged this communication initially

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before Maharashtra Revenue Tribunal, Aurangabad, which held that

it has no jurisdiction. Petitioners thereafter approached this Court

by filing Writ Petition No.5032/2015, wherein interim protection was

granted in favour of petitioners. Thereafter, petitioners approached

Divisional Commissioner, Nashik, by availing remedy under Section

247 of the Maharashtra Land Revenue Code, 1966, by filing R.T.S.

Appeal No.265/2017. Divisional Commissioner dismissed the appeal

filed by petitioners and respondent No.1 has dismissed

revision/appeal filed by petitioners. Hence, the present petition.

5.

I have considered rival submissions of learned advocate

for petitioners, learned advocate for respondent No.3 and learned

Assistant Government Pleader for respondents – State. Perused the

grounds raised in writ petition memo and the impugned orders.

6.

Record reveals that the impugned orders are

unreasoned orders. Contentions and/or grounds raised by

petitioners are not considered and dealt with by respondent Nos. 1

and 2, while passing the impugned orders. The contentions are

reproduced in impugned orders and by relying on guideline No.4.3,

which does not appear to be relevant, Divisional Commissioner has

rejected the appeal of petitioners.

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7.

Respondent No.1 also has not at all considered and

dealt with the grounds raised by peti