LACHMANNA MALANNA ALURWAR Vs. MAHARASHTRA REVENUE TRIBUNAL

JUDGEMENT

(1.) THE petitioner purchased agricultural lands admeasuring 17.3 gunthas out of Survey No. 24/2 of village Yevati. Tahsil Wani, district Yavatmal from respondents Nos. 3 and 4. Respondent No. 3 is the adoptive mother of respondent No. 4. The sale deed is of May 11, 1962 for a price of Rs. 3,000.

(2.) AFTER the Maharashtra Restoration of Lands to Scheduled Tribes Act. 1975 (hereinafter referred to as the 'Restoration Act') came into force, the Deputy Collector and Special Land Acquisition Officer Wani (Respondent No. 2) initiated suo motu proceedings for restoration of the said land to respondents Nos. 3 and 4 under Section 3 of the Restoration Act. The petitioner resisted the suo motu proceedings by filing a written statement. inter alia. contending that the transferors i.e. respondents Nos. 3 and 4 were not Tribals and that they did not belong to Scheduled Tribe within the meaning of Explanation to Section 3 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as the 'Land Revenue Code'.

(3.) BEING aggrieved, the petitioner filed an appeal under Section 6 of the Restoration Act before the Maharashtra Revenue Tribunal at Nagpur (the first respondent.) In the said appeal the petitioner had substantially raised the same issue that respondents Nos. 3 and 4 were not the Tribals. However, the first respondent dismissed the appeal by an order dated November 19, 1985