SOMAJI MADAN PATIL D Vs. SUMERSING BATESING NAIK

JUDGEMENT

(1.) THIS letters patent appeal arises from the decision of this Court [single Bench] in writ petition No. 1914 of 1989 rendered on 18th of September, 1992. The Appellants were the Petitioners and their challenge to the order dated 30/09/1988, passed by the Additional Commissioner, Nashik Division, Nashik, in Land Reference (Adivasi) - Revision Case No. 109 of 1986, was turned down.

(2.) THE agricultural land located in Survey No. 117 of village Chikhali digar, admeasuring 6 Hectares 5 Ares, originally belonged to one Shaikh batesing Shaikh Lakhasing Naik and it was a Bhil Inam Land. The British government had granted this land to Shaikh Lakhasing Naik in 1906 and a Sanad to the same effect was issued in his favour. On his demise the land came to be granted to Shaikh Batesing S/o Lokhasingh on 15/10/1935 and a Sanad was issued. The said land was put under the supervision and care of the Government under the Bombay Court of Wards act, 1905 (for short, the Wards Act) and in the year 1942 it was leased for cultivation to the original Appellants Somaji Madan Patil and Babu Madan patil, by way of a specific written agreement and accordingly for the agricultural season 1942-43 the said land was under the cultivation of the appellants. The Bombay Bhil Naik Inams Abolition Act, 1955 (for short the Abolition Act) was brought into force with effect from 1/08/1955 and consequently all the Bhil Naik Inams prevailing in the district of west Khandesh and Nashik, in the erstwhile State of Bombay, came to be resumed by the Government, on abolition of the Bhil Naik Inams. The appellants claim that under the scheme, framed by the State Government under section 5 of the Abolition Act, the subject land was regranted to them as they were cultivating it and on the basis of the same they continued to cultivate the subject land. On the enactment of the Bombay tenancy and Agricultural Lands Act, 1948 (for short, the Bombay Tenancy Act) they were issued the certificate of ownership under section 32m of the Bombay Tenancy Act on payment of price amount and they thus became the conclusive owners of the land with effect from 1/04/1957.

(3.) THE Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short, the Restoration Act) came into force from 1/11/1975 with an objective to take steps forthwith for restoring certain lands to persons belonging to the Scheduled Tribes. It appears that on the demise of Shaikh Batesing on 21/12/1954 his four sons along with their mother became his heirs and in some civil proceedings as well as election petitions Batesing's sons had claimed the status of being Scheduled Tribes. This plea was turned down by the trial Court and the appeal thereon also failed on the ground that there was no proof placed on record by the plaintiffs to prove that they belonged to the Bhil, Scheduled Tribe (Regular Civil Suit No. 37 of 1970, Appeal No. 230 of 1972 ).