SRIDHAR DAMODAR KAMALASKAR Vs. SONU GANAJI DHUMASE

JUDGEMENT

(1.) THIS petition is directed against the order of the Additional Commissioner, Nasik, dated 27th October, 1988 by which the learned Commissioner has exercised revisional powers conferred on him under section 7 of Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short "the said Act") and reversed the order of the Tahsildar. The Tahsildar had dropped proceedings for restoration of land in favour of the respondent No. 1, the tribal transferor. In brief the facts are as follows:-

(2.) THE respondent No. 1, Sonu Gunaji Dhumse, transferred his land admeasuring 5 H. 99 R. along with Pot Kharaba O. 12 R. in favour of the petitioners. The transaction is said to be dated 16th July, 1973, during the prescribed period.

(3.) IN proceedings under section 36 (3) of the Maharashtra Land Revenue Code, the respondent No. 3 made a statement to the Tahsildar that he is not willing to be restored possession of the land. The Additional Tahsildar therefore dropped the said proceedings. Thereafter it appears that the Assistant Collector passed the order dated 27th August, 1976, in suo motu proceedings directed restoration of the land back to the respondent No. 1. The petitioners carried the matter to the Maharashtra Revenue Tribunal who noted the contradictory conduct of the respondent. The Maharashtra Revenue Tribunal observed that the respondent had given a statement on oath that he does not want the land and also gave a contradictory undertaking that he would cultivate the land if it was restored. The undertaking was given under a thumb impression. The Maharashtra Revenue Tribunal, therefore, set aside the order of the Assistant Collector and remanded the matter for fresh decision.