PUNDALIK SONU SHIMPI Vs. RADHABAI SAMPAT DHUMASE

JUDGEMENT

(1.) THIS writ petition, under Article 227 of the Constitution of India, takes exception to the order passed by the Additional Commissioner, Nasik Division, Nasik dated March 23, 1989 whereby the order passed by the Tahsildar, Kalwan dated 26th January, 1982 in favour of the petitioner came to be set aside in exercise of powers under section 7 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as the said Act ).

(2.) THE petitioner has challenged the correctness of the order on merits, but the main ground that persuades me to dispose of this writ petition is the ground of limitation. According to the petitioner, the order passed in favour of the petitioner by the Tahsildar, Kalwan is dated 26-1-1982. This order was sought to be reviewed suo motu by the Additional Commissioner in the year 1987; whereas section 7 of the Act postulates that the powers under section 7 can be invoked by the Commissioner suo motu provided that the record shall be called for before the expiry of three years from the date of the order which is sought to be reviewed.

(3.) ACCORDING to the petitioner, in the present case, there is nothing on record to indicate that any direction was issued by the State Government to exercise the powers under section 7 of the Act after lapse of three years from the date of the order of the Tahsildar dated 26-1-1982. This submission is made on the premise that the subject show cause notice has been issued to the petitioner only in the year 1987, which presupposes that the Commissioner decided to take suo motu action only on or around that time. On the other hand, the Commissioner has dealt with the question of limitation by observing that the Tahsildar had decided the case on 26-1-1982 and the record of the case was received in his office on 19-7-1982 i. e. before the expiry of three years from the date of Tahsildars order.