1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1416 of 2010 (Shri Sudam Govinda Dhote and others v. State of Maharashtra and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.W. Ghate, Advocate for Petitioners. Smt. T.D. Khade, AGP for Respondent Nos.1 and 2. Shri N.A. Vyawahare, Advocate for Respondent Nos.3 and 4. Coram : R.M. Borde, J. Dated : 11 th August, 2010 Heard respective counsel for the parties. The petitioners are raising exception to the judgment and order passed by the learned Member, Maharashtra Revenue Tribunal, Nagpur, in Ceiling Appeal No.ALC/A-2/2008, on 25-1-2010. The petitioners are the allottees of the land and according to them, they have been put in possession of the land in dispute in the year 1990. One Tomdeo presented his return under Section 12 of the Ceiling Act. On consideration of all the relevant aspects, he was declared as surplus holder and considering his choice, the land bearing survey no.411/3 was declared as surplus land. It further appears that the land, in respect of which the choice was exercised by the land-holder, was already alienated by him in the year 1973. As per the provisions of the rules framed under the Ceiling Act governing declaration of surplus holding, encumbered land cannot be declared as surplus and cannot be delimited. Considering the 2 objections raised by the purchasers, appropriate order was passed by the ceiling authority on 24-6-1994 and the matter was carried further and ultimately by an order dated 15-10-1991, the Maharashtra Revenue Tribunal recorded a finding that the land bearing survey no.411/3 cannot be delimited and declared as surplus land and the requirements of the rules framed under Section 10 of the Ceiling Act shall be observed. On remand, the matter was taken up for consideration by the ceiling authority and on 24-6-1994, an order came to be passed, whereby an area to the extent of 3.70 hectares out of the land bearing survey no.900 came to be declared as surplus area, and accordingly an order in respect of delimitation of the said land was issued. In the instant proceedings, the allottees/petitioners contend that the land possessed by them cannot be taken over. The allotment of the land in favour of the allottees/petitioners is a consequence of order of delimitation issued by the ceiling authority in respect of the land bearing survey no.411/3. As the ceiling authority has recorded a finding that the land bearing survey no.411/3 is an encumbered land and the same cannot be delimited, the action of putting the said land in possession of the allottees deserves to be ratified. The purchasers of the property are entitled to retain the property purchased by them and the holding in possession of the original land-holder shall have to be taken over after issuing necessary order of delimitation by the ceiling authority. As stated earlier, appropriate order has already been issued by the ceiling authority and said order has attained finality. In these circumstances, the allottees can claim equivalent area out of the land taken in possession by the ceiling authority after issuing order of delimitation. It is hereby directed to the respondents to consider the claim of the allottees/petitioners for preferential allotment of the land in their favour and necessary order shall be issued 3 expeditiously. In view of the above, the petition has no substance and the same is, therefore, rejected. Judge. pdl.