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TMI Blog1988 (9) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... ition at the stage of admission by the learned Single Judge confirming the order of the learned sub-Divisional Officer, Amravati, dated 28th February, 1984 and also the order of the Maharashtra Revenue Tribunal, Nagpur, dated 26th December, 1984, declaring very large areas of land to be in excess of the ceiling area permissible to be held by the petitioner. 2. The case of the petitioner is that his family unit, as defined under Section 4 of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961, hereinafter called 'the Act', consisted of himself, his wife, two sons and a minor daughter. His further case was that during the period between 26.9.1970 and 2.10.1975, he did not hold any land of his own. His wife Vidyavati was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o bringing the status and the rights of the tenants, as far as possible, in line with those prevailing in certain other parts of the State, and it was expedient in the interest of the general public to regulate the transfer of rights in agricultural land. According to the petitioner, the order of the tenancy authorities conferring upon tenants the right of statutory purchaser and the Bombay Act had become final and these were binding on the Ceiling Authorities who had to decide the ceiling proceedings. It was, therefore, submitted that having regard to the effect of these findings, the Ceiling Authorities, the sub-Divisional Officer as well as the Maharashtra Revenue Tribunal should have excluded the tenanted lands in possession of the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bombay Act bars the jurisdiction of the Civil Court to deal with any question covered by Section 100. The Section runs as follows: 124. (1) No Civil Court shall have jurisdiction to settle, decide or deal with any question (including a question whether a person is or was at any time in the past, a tenant and whether the ownership of any land is transferred to, and vests in, a tenant under Section 46 or Section 49-A or Section 49-B) which is by or under this Act required to be settled, decided or dealt with by the Tahsildar or Tribunal, a Manager, the Collector or the (Maharashtra Revenue Tribunal) in appeal or revision or the State Government in exercise of their powers of control. (2) No order of the Tahsildar, the Tribunal, the Manage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e different Acts in the same field would create contradiction and would become impossible. It is, therefore, necessary to take a constructive attitude in interpreting provisions of these types and determine the main aim of the particular Act in question for adjudication before the Court. 9. In our opinion, having regard to the Preamble to the Act of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, which was enacted for giving effect to the policy of the State towards securing the principles specified in Clause (b) and (c) of Article 39 of our Constitution; and in particular, but without prejudice to the generality of the foregoing declaration, to ensure that the ownership and control of the agricultural resources of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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