NAGO LAKHAJI NANNAWARE Vs. KANHU UNDRU MADAVI

JUDGEMENT

(1.) THIS petition is directed against an order dated 12-7-1991 passed by the Maharashtra Revenue Tribunal upholding the order of the Tahsildar directing the petitioners to restore the land purchased by them to the respondents 1 to 3. It is not necessary to go into the entire history of the case. The petitioners father purchased the land from respondents 1 to 3 on 22-7-1964. The land admeasured 0. 20 acres of agricultural land situated at mouza Mohali, Tahsil Brahmapuri, now Sindewahi in Chandrapur district.

(2.) AFTER certain initial proceedings, which resulted in a remand to the Tahsildar on 30-11-1988, the Tahsildar held that the petitioners claim that they were belonging to Scheduled Tribe was not valid. The Tahsildar held that the petitioners are "mana" and not "gond Mana" which is a Scheduled Tribe. He further held that the petitioners had not converted the land to non-agricultural use before 6-7-1974 and that they had converted it to non-agricultural use in 1982. The Tahsildar determined the cost of the construction at Rs. 20,000/- and directed the restoration of the land to the respondents 1 to 3 who were admittedly a tribal. The matter was once carried in appeal to the Maharashtra Revenue Tribunal. There was a remand to the Tahsildar. The Tahsildar again directed restoration of land to the respondents 1 to 3. The petitioners then again carried the matter in appeal before the Maharashtra Revenue Tribunal. On 12-7-1991 the Maharashtra Revenue Tribunal dismissed the appeal after hearing the parties. The learned Tribunal held that the petitioners have been rightly held to be "mana" which is not a Scheduled Tribe. This finding was recorded on the basis of a statement made by the petitioners to the Tahsildar on 24-6-1986 that he is Mana and not Gond Mana. The Tribunal has held that "mana" is at Serial No. 18 of the Constitution (Scheduled Tribes) Orders, 1950. The Tribunal observed that it is only "gond Mana" which is recognised as a Scheduled Tribe. The Tribunal accordingly found that the petitioners do not belong to Scheduled Tribe.

(3.) THE learned Counsel for the petitioners submitted that the petitioners are in fact members of Scheduled Tribe. Apart from the submission, nothing has been produced on behalf of the petitioners to lead to the conclusion that they belong to Scheduled Tribe. The Constitution (Scheduled Tribes) Orders, 1950 issued under Article 342 of the Constitution of India recognizes the following as Scheduled Tribes in the district of Gadchiroli and Sironcha Tahsil of Chanda district. Entry No. 18 reads as follows : ond, Rajgond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koilabhuti, Bhar, Bisonhor Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Kaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Naikpod, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thatia, Thotya, Wade Maria, Vade Maria. (Emphasis supplied ).