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Madhaodas Vs. Commissioner, Nagpur Division, Nagpur and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 116 of 1975
Judge
Reported in(1976)4SCC815
ActsMaharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Section 45(2)
AppellantMadhaodas
RespondentCommissioner, Nagpur Division, Nagpur and anr.
DispositionAppeal Dismissed
Excerpt:
- [ a.c. gupta,; n.l. untwalia and; v.r. krishna iyer, jj.] -- ceiling on land — maharashtra agricultural lands (ceilings and holdings) act, 1961 — section 45 — suo motu revision by commissioner under not barred by proviso to section 45(2) of the act -- of course, he will be allowed, as directed by the order of remand itself, to urge contentions on the merits to the extent allowed in the remand order. in these circumstances the appeal is allowed to be withdrawn and dismissed on that basis......him to do so. of course, he will be allowed, as directed by the order of remand itself, to urge contentions on the merits to the extent allowed in the remand order. in these circumstances the appeal is allowed to be withdrawn and dismissed on that basis. there will be no order as to costs.
Judgment:

V.R. KRISHNA IYER, J.

1. This appeal by special leave raises questions under Section 45 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. One point urged before us was that the revision which was allowed by action suo motu by the Commissioner under that provision was invalid being barred under the proviso to Section 45(2) of the Act. Apart from the fact that there is no merit in it, counsel for the appellant now prays that the order of the Commissioner being one of remand, he may be permitted to withdraw the appeal itself. We permit him to do so. Of course, he will be allowed, as directed by the order of remand itself, to urge contentions on the merits to the extent allowed in the remand order. In these circumstances the appeal is allowed to be withdrawn and dismissed on that basis. There will be no order as to costs.


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