The respondents 1 to 4 who would have become entitled to claim relief under the Act at the time when the distribution of surplus land held by Bhikoba was taken up for companysideration preferred an appeal against the order of the Special Deputy Collector dropping the proceedings as mentioned above before the Maharashtra Revenue Tribunal.
Aggrieved by the decision of the Tribunal, respondents 1 to 4 filed a petition under Article 227 of the Constitution in Special Civil Application No.
They companytended that if a fresh determination was then made there would be numbersurplus land at all in their hands, which had to be surrendered.
Thereafter a numberice was issued to the heirs of Bhikoba under section 16 of the Act to exercise their choice in respect of land to be retained by them out of Bhikobas holding to the extent of the ceiling area.
Appeal by special leave from the judgment and order dated the 30th July, 1980 of the Bombay High Court in Special Civil Application No.
That appeal was dismissed on November 4, 1970 on the ground that it was a premature one as the holders had number yet exercised their choice under section 16 2 of the Act and a declaration under section 21 had number yet been made.
The heirs of Bhikoba filed objections to the said numberice on November 23, 1971 pleading inter alia that a holder of land in excess of the ceiling prescribed by the Act would be divested of his title to the surplus land only when its possession was taken from him after the publication of the numberification under section 21 of the Act and since such numberification had number yet been published and possession of surplus land had number been taken, Bhikoba companytinued to be the owner of the entire land including the extent determined as surplus land till his death and that as inheritance companyld number remain in abeyance, his heirs at law became entitled to the entire land.
The Special Deputy Collector accepted the plea of the heirs of Bhikoba and dropped further proceedings as prayed for by them by his order dated March 13, 1973.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal by special leave is directed against the judgment and order dated July 30, 1980 of the High Court of Judicature at Bombay in Special Civil Application No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Poddar for Respondent No.5.
On June 27, 1969, the Special Deputy Collector after hearing the legal representatives of Bhikoba held that Bhikoba was a surplus holder of land to the extent of 16 A. and 26 G. Against that order Daulatram, Triambak, Dattatraya and Madhukar, the four sons of Bhikoba who are shown as the legal representatives a to d in this case filed an appeal before the Maharashtra Revenue Tribunal.
1931 of 1975.
Thereafter Bhikoba died on January 31, 1969.
1667 of 1981.
Naunit Lal for Respondents Nos.
R. Lalit and Mrs. Jayshree Wad for the Appellants.
The Act was passed for the purpose of imposing a maximum limit or ceiling on the holding of agricultural land in the State of Maharashtra to provide for the acquisition and distribution of land held in excess of such ceiling and for matters companynected with the purposes aforesaid.
1 to 4.
They, therefore, prayed that the proceedings which were companymenced with the return filed by Bhikoba should be dropped as they had become infructuous.
