1 WP 4536.03 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 4356 OF 2003 1. Tulshiram Bajirao Bale, Age around 85 years, Occu. Nil, 2. Pandurang S/o Balbhim Bale, Age 46 years, Occu. Agril., 3. Sopan Bajirao Bale, Age 70 years, Occu. Agril., 4. Machhindra Bajirao Bale, Age 65 years, Occu. Agril., All R/o Pargaon, Jogeshwari, Tq. Ashti, Dist. Beed ..PETITIONERS. VERSUS 1. The State of Maharashtra, (Copy to be served on the Govt. Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Surplus Land Determination Tribunal, Ashti, Dist. Beed, through its Chairman. 3. The Additional Commissioner, Aurangabad Division, Aurangabad. ... Shri S.T. Shelke, Advocate for petitioners. Shri K.B. Choudhry, AGP for respondents/ state 2 WP 4536.03 CORAM :- S.V. GANGAPURWALA JJ. DATE:- 8th July, 2011. ORAL JUDGMENT: The petitioners have assailed the order dated 28-02-1986 passed by the Additional Commissioner, Aurangabad Division, Aurangabad, thereby reopening the enquiry purportedly exercising powers under Section 45 (2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. 2. Heard, Shri S.T. Shelke learned counsel for the petitioner and Shri K.B. Choudhary, learned AGP for the respondents / State. 3. The deceased Vishnu had filed return U/Sec. (12) of the Ceiling Act on 27-11-1975. The S.L.D.T. While passing its order dated 27-04-1976 has held that the deceased Vishnu is not surplus land holder. Thereafter, the Commissioner vide its order dated 28-02-1986 re- opened the enquiry. 3 WP 4536.03 4. The Full Bench of this Court in case of Manohar Ramchandra Manapure & Ors V. State of Maharashtra & another, reported in 1989, Mh.L.J. 1011, has held that the Commissioner should apply his mind within the period as contemplated U/Sec. 45(2) of the Ceiling Act. In the present case, though the impugned order states that the record was called on 19-10-1978, but the Commissioner applied his mind for the first time in the year 1986 i.e. after lapse of ten years. 5. In view of the Judgment of the Full Bench of this Court in case of Manohar Ramchandra Manapure & Ors V. State of Maharashtra & another,the impugned order is unsustainable and deserves to be quashed and set aside. In the result, the Writ Petition is allowed. Rule is made absolute in terms of prayer clause “B”. However, no order as to costs. [S.V. GANGAPURWALA, J ] SDM* July