1 W.P.No.4052/96 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4052 OF 1996 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.S.S.Choudhari, advocate for the petitioner. Mr.R.P.Phatake, Addl. Govt.Pleader for the State. CORAM : S.V.GANGAPURWALA,J. Date : 15.09.2011. PER COURT : 1. Heard. 2. The SLDT U/s 17 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 determined the land holding and declared the petitioner as non-surplus holder. In the year 1993, the Commissioner exercising suo-motu power U/s 45(2) of the said Act, remitted the matter to the SLDT. The SDDT thereafter declared the petitioner as surplus land holder to the extent of 12 acres 12 gunthas. Aggrieved thereby, the appeal was filed before the MRT, who dismissed the appeal. The petitioner has challenged the said order in the present Writ Petition. 3. The issue that the Commissioner can not exercise suo-motu 2 W.P.No.4052/96 revisional powers after three (3) years U/s 45(2) of the said Act, is no longer res-integra in view of the judgment of Full Bench of this Court in a case of "Manohar Ramchandra Manapure and others Vs. State of Maharashtra and another" reported in 1989 Mh.L.J. 1011. In the present case, the SDLT had declared the petitioner as non-surplus land holder in the year 1977. Thereafter, the Commissioner in the year 1993 reopened the said proceedings. There is nothing on record to show that the Commissioner had applied his mind within a period of three (3) years. 4. In light of the above, the further proceedings pursuant to the order of Commissioner U/s 45(2) of the said Act, would stand vitiated. 5. In view of that other merits of the matter can not be considered. The Writ Petition is accordingly allowed. Rule is made absolute in terms of prayer clause (B). No costs. (S.V.GANGAPURWALA,J.) Dt.15.09.2011. asp/office/wp405296 3 W.P.No.4052/96