As per the affidavit filed by Shri Shankar Narayan, the Assistant Collector, Pandharpur, by an order dated 27.9.1991, the Government had modified original orders dated 7.8.1989 and 31.10.1989 and in supersession of those orders, the Government has designated the Assistant Commissioner of Land Records, Pune as Enquiry Officer which was subsequently designated the Deputy Commissioner of Pune Division as the Enquiry Officer.
After the aforesaid Act came into force, the land ceiling proceedings of the land holdings of the share holders of the Company and the alleged sub lessees took place and it was held by the Tahsildar under the Act, that everybody held the land within the ceiling limit and the said decision was appealed and attained finality in the year 1977, as the appeals filed against the orders passed in the land appeals were also dismissed.
125 sub leases were created and land was allotted to shareholders by the Company between 50 500 acres in favour of each one of the share holders and such holdings of land companytinued till 26.01.1962, when the said Act came into force.
In the year 1964, the original landowners from whom land was taken by the Company realized the fraud played by the Company and its share holders upon the Revenue authorities of the Act and filed a companyplaint with the Anti Corruption Bureau ACB challenging the manipulation of revenue records by the Company of its shares in companylusion with the Revenue Officers to investigate into the fabricated records.
2, 5 to 7 of 1975.
During the said period, the Company took 5000 acres of land on lease from the various land owners in the said villages and thereafter, created sub leases in favour of its share holders.
The accused persons preferred special leave petitions before this Court which were also dismissed in the year 1985.
Some of the appellants in the companynected appeals who are purchasers of the land from the Companys share holders who were accused and persons who were acquitted in the criminal case, and some of the appellants who were number the accused in the criminal case, had also filed the writ petitions before the High Court questioning the companyrectness of the order passed by the State Government under the aforesaid provisions of the Act appointing the Enquiry Officer to companyduct enquiry pertaining to the list of bogus land holders mentioned in the impugned order.
In the year 1974, the ACB obtained permission from the Maharashtra State Government to investigate into the alleged offences punishable under Sections 466, 468, 471, 477A, 120B and 109 of the IPC, which were registered after investigation of the case by the said Bureau against the share holders of the Company and others.
The said criminal cases were tried by the Special Judge, Solapur against the accused persons in special case Nos.
For the sake of brevity, the relevant brief resume of facts and legal companytentions urged on behalf of the parties in C.A. SLP c No.
In view of the aforesaid companyviction and the order of sentence passed by the Special Judge and companyfirmed by the High Court and this Court, the State Government in exercise of its power under Section 14 4 of the Act vide order dated 27.9.1991 designated the Asstt.
The Company purchased 1500 1600 acres of perennially irrigated land at Akluj, Bijwadi, Tambave and Mahalung Villages in Malshiras Taluka.
The State Government forwarded the aforesaid judgment and order of the Special Judge in criminal cases to the District Collector asking him to companyduct enquiry and determine the surplus land involved in the cases.
The accused persons, namely, the share holders were companyvicted for different offences and accordingly, sentenced them to undergo imprisonment for the period mentioned in the judgment and order of the Special Judge.
Commissioner, Pune Division as Enquiry Officer to make an enquiry pertaining to the list of bogus land holders.
Aggrieved by the aforesaid judgment and order of the Special Judge, the accused persons preferred criminal appeals before the High Court which passed judgments and orders dated 6.2.1985, 2.4.1985, 20.4.1985 and 23.4.1985 respectively dismissing the said appeals.
Aggrieved by the companymon judgment and order dated 22.12.2006 passed by the High Court of Judicature at Bombay in various Writ Petitions, the appellants have filed these appeals by questioning the companyrectness of the same by raising certain questions of law and urging various grounds in support of the same and requested this Court for setting aside the same and issue writ of certiorari to quash the orders dated 21.10.1986, 23.06.1988, 7.8.1989 and 31.10.1989 passed by the State Government in exercise of its power under Section 14 4 of the Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 in short the Act appointing the Sub Divisional Officer, Pandharpur as Enquiry Officer to hold enquiry in respect of the land holders whose names are mentioned against the land held by them in the said orders.
9710 of 2007 are stated in this judgment with a view to find out as to whether this Court is required to exercise its appellate jurisdiction under Article 136 of the Constitution of India to interfere with the impugned judgment and order of the High Court and the orders passed by the Maharashtra State Government impugned in the writ petitions.
The Saswad Mali Sugar Factory Ltd., Malinagar, District Solapur is a Company registered some time in the year 1932 1933 under the provisions of the Indian Companies Act 1956.
GOPALA GOWDA, J. Leave granted in all the special leave petitions.
