PANDURANG SHRIRAM GADEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed by a non-tribal transferor against the order dated 31-12-1990 of the Maharashtra Revenue Tribunal, upholding the order dated 27-8-1989 passed by the Tahsildar, Gondia. By the said order dated 27-8-1989, the Tahsildar, Gondia, on observing that there are no heirs of the tribal transferor, has directed that the property should vest in the State Government under Section 5a of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as the "act" ).

(2.) THE land in question is about 2. 60 acres at village Kudwa, taluka Gondia, District Bhandara. It was indisputably owned and possessed by Kashiram s/o Laxman Parade, who was the tribal transferor. This was land was purchased by one Shriram s/o. Damodar Gadekar and his brother Shankar Gadekar under a registered sale deed dated 17-6-1966 from the said Kashiram s/o. Laxman Parade and they were placed in possession thereof immediately after its purchase. The said Kashiram s/o Laxman Parade died in the year 1969. By now there is no dispute that Kashiram died sometime in the year 1969-70 without any legal heirs. It must be noted that at one stage one Jiwan s/o Yadav Parade claimed to be an heir of the deceased Kashiram. However, the Maharashtra Revenue Tribunal by its order held that he is not a legal heir.

(3.) AFTER coming into force of the Act, the Tahsildar, Gondia, initiated suo motu proceedings for restoration of the land to the tribal transferor. Notices of the proceedings were served on the petitioner, who has a half share in the land purchased from Kashiram Parade. The proceedings we're pending till the year 1982-83. In the meantime, Shriram died on 4-2-1978 leaving behind the petitioner, his brother, sister and mother as heirs. The other half share which had been purchased by Shriram, the brother of Shankar, was also purchased by the petitioner. On 26-4-1983 the Tahsildar, Gondia, passed an order directing restoration of the land to one Jiwan alleged to be the heir of Kashiram. This order was challenged by the petitioner in appeal before the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal held that Jiwan was not the heir of Kashiram Parade. Thereupon the Maharashtra Revenue Tribunal remanded the matter back to the Tahsildar with certain directions. After the remand, the said revenue case was renumbered as R. C. No. 415-IND-31/82-83 and decided by the Tahsildar, Gondia, by order dated 27-8-1989.