PUNA ARJUN MALI Vs. MANA MAKA BHIL

JUDGEMENT

(1.) THE question raised for consideration of this Court in this petition is whether a deemed purchase or a statutory transfer under the tenancy law is included in the term transfer defined for the purpose of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 by Section 2(1)(i).

(2.) PETITIONERS herein were cultivating 4 Hectares and 69 Ares and 24 Ares portion of Survey No. 195 situated at villages Tangaon, Taluka Bhadgaon, District Jalgaon, since 1939. On tillers' day i.e. 1.4.1957, petitioners became deemed purchasers by virtue of the provisions of Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948. Since the original owner was a tribal, proceedings were initiated for the restoration of the land to him under the provisions of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter called 'Restoration Act, for the purpose of brevity). Since the original owner was a tribal, proceedings were initiated under the provisions of the Restoration Act. It was noticed by the revenue authorities that the tenant has partitioned the land without a proper permission. Action under Section 84 -C of the Tenancy Act was proposed dropping the original proceedings Under the Restoration Act. However, a reference was made under Section 7 of the Restoration Act by the Collector, Jalgaon, to the Additional Commissioner Bombay Division, Bombay. Learned Additional Commissioner vide his order dated 30th December, 1978 was pleased to set aside the order of the Sub -Divisional Officer, Chalisgaon, dated 23.2.1976 directing an enquiry under Section 84 -C of the Bombay Tenancy Act and dropping the case under the Restoration Act. He was pleased to remand the matter to the lower Court for fresh enquiry under Section 4 of the Restoration Act. After this remand order dated 30th December, 1978, learned Assistant Collector, Chalisgaon Division, Jalgaon was .pleased to hold that the tribal transferor is dead without leaving any heirs and, therefore, the land is ordered to vest in the State Government free from all encumbrances. He was further pleased to direct that the land be disposed of by Tahsildar, Bhadgaon, after following the provisions of Sub -section (3) of Section 5 -A of the Restoration Act. This order dated 24th February, 1981 came to be challenged by the present petitioners in an appeal before the Maharashtra Revenue Tribunal at Bombay. Learned member of the Maharashtra Revenue Tribunal was pleased to dismiss the appeal virtually holding that the statutory transfer is also effected by the provisions of the Restoration Act. This order 114 Maharashtra Revenue Tribunal dated 28th June 1982 is subject matter challenge in this writ petition.

(3.) SHRI S.K. Barlota, learned Assistant Government Pleader, appearing for respondent -State, submitted that the statutory transfer is also effected because of the order of the tenancy authorities which are Courts for the purpose of Section 2(1)(i) of the Restoration Act.