ULHAS NIMBA CHOUDHARI Vs. SARDAR KHANDU TADVI

JUDGEMENT

(1.) Heard learned counsel for respective parties.

(2.) The brief facts of the case, as disclosed in the petition, are as under;-

(3.) It is further case of the petitioners that the Assistant Collector, suo moto started a proceeding under Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter for the sake of brevity referred to as the Restoration Act ) as the enquiry was pending, the petitioners obtained stay order from the Hon ble Supreme court but subsequently in Lingappa s case, the Hon ble Supreme court has upheld the Constitutional validity of the Restoration Act, which is reported in AIR 1985 Supreme court page 389. Thereafter the Tahsildar of Yawal issued a fresh notice U/sec. 3 of the Restoration act and started an enquiry U/sec. 3 of the said Act. The petitioners have raised various law points. It was specifically submitted by the petitioners that the respondents are not tribal as they are Muslim Tadvi or Muslim Pathan and hence they are not tribal. It was further submitted that the respondents are following Muslim religion and their conversion in Muslim Religion is complete, and after conversion to Islam Religion the respondents have not maintained a tribal way of life on all matters. It was further submitted that the caste certificate issued to the respondents are illegal and bad in law as they are issued without proper enquiry and issued only on the basis of affidavits filed by the respondents. It was further submitted that as per the Resolution No. CBC/1680/43669/D-V, Mantralaya, dated 29th October, 1980, issued by the Government of Maharashtra Social Welfare, Cultural Welfare, sports and Tourism Department, a detailed enquiry is contemplated before a Caste Certificate is issued and for that purpose a person claiming benefit under the Restoration Act is required to file an application in the prescribed manner and thereafter detailed enquiry is contemplated in view of the said resolution and thereafter, a caste certificate can be issued in the prescribed form. It is pertinent to note that the said procedure is not followed by the Tahsildar hence, the caste certificate is issued to the respondent that they are Tribal is illegal, bad in law and hence it should be ignored. The petitioners further stated that the Government issued another Circular vide No.Vati/DA/482/KA-4 dated 8.9.1982, in which it has been specifically mentioned that the instructions issued in Resolution dated 29.10.1980 should be followed strictly. It has been further mentioned that if there is any ambiguity about the status of any person, then the case may be referred to Social Welfare, Cultural Affairs, Sports and Tourism Department. The further clarification is made by the Government by issuing guidance vide order No. CBB/1684/309/11, dated 24th April, 1985 in which it has been specifically mentioned at serial No. 5(13) that Tadvi who has converted himself into Muslim Religion are not Adiwashis. It is further case of the petitioners that inspite of all the contentions raised before the Tahsildar, the Tahsildar by order and judgment dated 31.10.1985 held that the respondents are tribal and ordered to restore the suit land to the respondents.