VIMLABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Intra Court Appeal is directed at the instance of the non tribal transferees against the judgment and order dated 23.08.2002 passed by the learned Single Judge in Writ Petition No. 349/1992.

(2.) In support of the appeal, Mr. Bhuibhar, the learned counsel for the non tribal transferees, vehemently argued that the proceedings for restoration of land were initiated at the instance of the tribal transferor under Section 36 of the Maharashtra Land Revenue Code, which was subsequently heard and decided by the Competent Authority i. e. Tahsildar. The said lis was between the same parties. That being so, according to the learned counsel for the appellants, the instant proceeding, registered suo motu by Collector under the provisions of Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, is clearly hit by the principles of Res Judicata as the issue was decided between the same parties. It is further contended on behalf of the appellants that the said order dated 31.05.1976 in the earlier proceedings, under Section 36(2) of the Maharashtra Land Revenue Code had attained finality. The learned counsel for the appellants thus, argued that the learned Single Judge did not advert to this aspect and, therefore, according to him, there is a miscarriage of justice.

(3.) Per contra, Mr. Khubalkar, the learned Assistant Government Pleader appearing on behalf of the respondent no. 1 and Mr. Bhide, the learned counsel for the respondent no. 2, opposed the appeal and supported the impugned judgment and order made by the learned Single Judge.