1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4468 OF 2009 (Chiddarwar Shaikshanik Nyas & Anr. vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 05, 2009. Heard Shri Kulkarni, learned counsel for the petitioner and Shri Fulzele, learned AGP for the respondents. The order impugned is one by which the petitioner has been asked to submit his option for declaration of surplus land in Form No. 7 & 8. The said directions dated 15.09.2009 are in pursuance of the orders of Additional Commissioner dated 29.04.1995 in Ceiling Revision No.5/60-A(5)/94-95, Mouza – Pokhari under Section 45(2) of Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961. Shri Kulkarni, learned counsel has pointed out that on 08.10.1993 itself exemption was given to the petitioner – Trust from the provisions of said Act under Section 47(2)(a) thereof. He, therefore, states that suo motu revision opened by Respondent No.2 was itself misconceived. The learned AGP has pointed out that the revision was taken up after due notice to the petitioners 2 and as the petitioners did not appear, the effect of exemption or its correctness could not be looked into by the revisional authority. It appears that though the petitioners were served with notice, because of exemption order in their favour, they chose not to appear before the revisional authority and hence some land was declared surplus and in relation thereto, retention statement was sought. The impugned order dated 29.04.1995 is accordingly quashed and set aside. The proceedings are restored back to file of the Additional Commissioner, Amravati Division, Amravati, to decide the same in accordance with law in the light of exemption given to the petitioners. The petitioners shall appear before the said authority on 7th December 2009 and shall abide by its further directions in the matter. As the petition is required to be filed because of non appearance of the petitioners before Respondent No.2, the petitioners are directed to pay cost of Rs.1,000/- to High Court Legal Services Sub-Committee, Nagpur, by 7th December 2009. Writ Petition is disposed of. Rule accordingly. JUDGE *GS.