KAUSALYABAI KISAND DHANDE Vs. FAKIRA DAULA TADVI

JUDGEMENT

(1.) This writ petition is filed challenging the judgment and order passed by the Maharashtra Revenue Tribunal, Camp Jalgaon, at Bombay dated 2nd August, 1991 in No. Rev.Trb.88 of 1986.

(2.) The background facts as disclosed in the petition for filing this writ petition are as under :

(3.) It is the case of the petitioner that, initially on the basis of an application filed by Fakira Daula Tadvi and others, the Assistant Collector started an inquiry under Section 3 of the Maharashtra Restoration of Lands to the Scheduled Tribes Act, 1974 (For short, "Restoration Act") in the year 1975 but the case remained pending for many years on account of the stay obtained by the petitioner from the High Court and thereafter, the decision of "Lingappa's Case" wherein the constitutional validity of the Restoration Act was challenged and the Hon'ble Supreme Court has upheld the constitutional validity of the Restoration Act and thereafter, again an inquiry was started under the Restoration Act. Meanwhile, the Collector's powers were delegated to the Tahsildar and the Tahsildar resumed the said inquiry in the year 1985 86 and after recording the statements, the Tahsildar was pleased to pass the judgment and order dated 30th April, 1986 thereby it was ordered for restoration of the land to the respondent Nos. 1 to 3.