1 wp 2597.91 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2597 OF 1991 Abdul Rauf S/o Noor Mohammad Deceased through L.R.s 1. Salimabi W/o Abdul Rauf, Age : 62 Years, Occu. : Household, 2. Mohd. Nasher S/o Abdul Rauf, Age : 49 Years, Occu. : Agril., 3. Abdul Mannan S/o Abdul Rauf, Age : 47 Years, Occu. : Agril., 4. Abdul Rafat S/o Abdul Rauf, Age : 45 Years, Occu. : Agril., 5. Abdul Faisal S/o Abdul Rauf, Age : 43 Years, Occu. : Agril., 6. Abdul Akram S/o Abdul Rauf, Age : 41 Years, Occu. : Agril., 7. Abdul Khaled S/o Abdul Rauf, Age : 37 Years, Occu. : Agril., The petitioner Nos. 1 to 7 all R/o Jamkhed, Tq. Ambad, District Jalna. 2 wp 2597.91 8. Farjana W/o Nisar Ahmad, Age : 35 Years, Occu. : Household, R/o Dakki, Nagar, At post Dist. Jalna. 9. Riyas W/o Sultan Tamboli, Age : 31 Years, Occu. : Household, R/o Mangal Hat Area, At & Post Hyderabad (Andhra Pradesh). 10. Nujao W/o Mohd. Sayyed, Age : 29 Years, Occu. : Household, R/o Shahenshah Nagar, At Post Dist. Beed. .. .. Petitioners Versus 1. The Commissioner, Aurangabad Division, Aurangabad. 2. The Additional Commissioner, Aurangabad Division, Aurangabad. 3. The State of Maharashtra, Through the Additional Govt. Pleader, High Court of Bombay at Aurangabad. .. .. Respondents Shri R. P. Dhase, Advocate for Petitioners. Shri V. H. Dighe, A.G.P. for the Respondent/State. 3 wp 2597.91 CORAM : S. V. GANGAPURWALA, J. DATE : 07TH JUNE, 2011. ORAL JUDGMENT : . The petitioner assails the notice dated 07.01.1991 issued by the Commissioner, Aurangabad thereby instituting the suo moto revision U/Sec. 45(2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. 2. The Surplus Land Determination Tribunal, Ambad conducted an enquiry into the holding of the petitioner and by its judgment and order dated 06.02.1976 decided that the total holding of the petitioner comes to 95 Acres 20 Guntha and that the land in possession of the three major sons cannot be clubbed into the holding of the petitioner. The Surplus Land Determination Tribunal held that the surplus land of the petitioner is to the tune of 14 Acres 30 Guntha which was ordered to be delimited from survey No. 88. After lapse of more than 15 years the Commissioner issued a notice dated 07.01.1991 purportedly U/Sec. 45(2) of the said Act. 3. The limitation of three years is prescribed for initiating the enquiry. The Commissioner has issued the notice after 15 years. 4 wp 2597.91 No explanation is given in the notice for such a slumber. This Court in a case of Fatema W/o Kasamsaheb Bagwan and others Vs. The State of Maharashtra and another reported in 2010 (1) Mh. L. J. 142 has held that revisional powers have to be exercised within limitation as per proviso to Section 45(2) of the Ceiling Act. So action taken after 13 years cannot be upheld. In the present case, the action is taken after 15 years. 4. In the light of the above, the impugned notice is quashed and set aside and the Rule is made absolute in terms of prayer clause "A". No costs. [ S. V. GANGAPURWALA, J. ] bsb/June 11