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 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.
2. In these circumstances the appeal is allowed to be withdrawn and dismissed on that basis. These will be no order as to costs.
Madhaodas v. Commissioner, Nagpur Division, Nagpur And Another
Madhaodas v. Commissioner, Nagpur Division, Nagpur And Another
(Supreme Court Of India)
Civil Appeal No. 116 of 1975 | 06-01-1976
Advocate List
Bench
- HON'BLE JUSTICE V.R.KRISHNA IYER
- HON'BLE JUSTICE A. C. GUPTA
- HON'BLE JUSTICE N.L.UNTWALIA
Eq Citations
- (1976) 4 SCC 815
- LQ/SC/1976/3
Head Note
Constitution of India — Art. 136 — Appeal — Withdrawal of appeal — Appellant seeking permission to withdraw appeal and to urge contentions on merits to the extent allowed in the remand order — Permission granted — Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 (1961 Act), S. 45
