1 WP 83.1992 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 83 OF 1992 Irant S/o Bhujangrao Wadikar & Oths. .... PETITIONERS V E R S U S The State of Maharashtra & Oths. .... RESPONDENTS Mr.N.P.Patil ( Jamalpurkar ), Advocate for the Petitioners. Mr. K.J.Ghute Patil, Asstt.Govt. Pleader for State. CORAM : S.V. GANGAPURWALA, J. DATE : 28/07/2011 ORAL ORDER : 1. The petitioners impugn the Order dated 20/11/1990 passed by the Additional Commissioner invoking its revisional jurisdiction under the provisions of Section 45 (2) of the Maharashtra Agricultural Lands ( Ceiling on Holdings) Act, 1961 [ For short, ‘ the Act of 1961 ’ ] and the further order passed by the S.L.D.T. dated 23/12/1991. 2. The S.L.D.T. initially vide Order dated 6/3/1976 held that the petitioners do not possess any surplus land. The Commissioner in the year 1990 invoked suo motu revisional jurisdiction U/s 45 ( 2 ) of the Act of 1961 and remitted the matter back to the S.L.D.T. The S.L.D.T. thereafter 2 WP 83.1992 held the petitioner to be surplus holder of 23 Acres 28 gunthas. The said orders are assailed in the present Writ Petition. 3. This Court in a case of Fatema W/o Kasam V/s State of Maharashtra reported in 2010 ( 1 ) Mh.L.J. - 142 relying on the full bench Judgment of this Court in a case of Manohar Ramchandra Manapure & others V/s The State of Maharashtra & another reported in 1989 Mh.L.J. - 1011 has held that the Commissioner shall apply his mind within the period of three ( 3 ) years. In the present case, there is nothing on record to show that the Commissioner had applied his mind within the period of three ( 3 ) years for reopening the matter. The S.L.D.T. has passed the Judgment in the year 1976 and thereafter for the first time the Additional Commissioner in the year 1990 reopened the matter and remitted the matter to the S.L.D.T. 4. In view of the law laid down in the Judgments referred supra, the impugned orders can not be sustained. The impugned orders are as such quashed and set aside. Rule as such is made absolute in terms of prayer clause ‘ B ’. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 83.1992 3 WP 83.1992