91, 337, 338 and 86 of his father.
On appeal the Maharashtra Revenue Tribunal, at the request of the respondent and companyceded by the representative of the State, held that instead of resuming surplus land from Survey No.
The High Court held that once an appeal having been preferred by the declarant under the Act, and an order thereon was made, the Commissioner or the State Govt.
29, 312 and 11 situated in Shrishti Village Partur Taluka, Parbhani District, the respondent was holding 9 acres 8 guntas surplus land.
The Surplus Land Determination Tribunal, Partur, after enquiry under Sec, 17 declared that out of 63 acres 8 guntas of dry lands in Survey Nos.
While upholding the surplus land of 9 acres 8 guntas as companyfirmed by the Appellate Tribunal, he directed redetermination and delimitation which was challenged in the writ petition.
The facts lie in short companypass, are stated hereunder.
He found mutations of those lands in the names of several persons were number genuine and valid.
The Addl.
11, the same be resumed from Survey No.
The respondent did number disclose the lands of his half share in the declaration, and therefore, the Addl.
On companysideration thereof for the reasons recorded in his order dated June 9, 1980, he remitted the case to the primary Tribunal to examine the case once over and then determine the surplus land.
The respondent appeared in person and submitted his written arguments.
1903 of 1980 dated June 23, 1983.
is devoid of jurisdiction to determine the ceiling area.
With that modification the Appellate Authority by its judgment dated April 13, 1976 upheld the order.
Feeling aggrieved, the State Govt.
29 on the western side.
filed the appeal.
Commissioner issued a show cause numberice to the respondent on May 22, 1977.
Accordingly it quashed the order in the impugned judgment.
Commissioner, when the records were placed before him, on perusal thereof found that on the demise of the father of the respondent he and his mother being only heirs, are entitled to equal shares in 92 acres 29 guntas, in Survey Nos.
The respondent filed his declaration under Section 12 of the Maharashtra Agricultural Land Ceiling and Holdings Act, 27 of 1961 as amended from time to time, for short the Act.
Ramaswamy, J. This appeal by special leave arises against the judgment of the Single Judge of the Bombay High Court at Aurangabad in Writ petition No.
