BALIRAM REVA CHAVHAN Vs. GAJANAN SHEKRAO WANJARE

JUDGEMENT

(1.) Heard Mr. Sudame, learned counsel for the petitioner, Mr. Narkhede, learned counsel for the respondent no.1 and learned AGP for respondent no.5.

(2.) The petition questions the order of the Tahsildar dtd. 28/9/2017, whereby under the provisions of Sec. 3 of the Maharashtra Restoration of Lands to Scheduled Tribe Act, the land transferred by the father of the respondent no.1 to one Dhansingh Rathod under the sale-deed of 1967 has been directed to be restored and so also the order dtd. 6/2/2019 passed by the learned Maharashtra Revenue Tribunal, which confirms the order of the Tahsildar.

(3.) To complete the narration of facts, Dhansingh Rathod had partitioned the land between his sons and the share of the respondent no.2 came to be transferred to the respondent no.4 on 1/11/1992, who in turn transferred it to the petitioner on 22/6/1994. The application under Sec. 3 of the aforesaid Act was filed on 6/1/2016. It is an admitted position that the father of the respondent no.1 belongs to Aandh community, which in certain areas of Yavatmal was declared as Scheduled Tribe. The area in which the father of the respondent no.1 was residing was not included in the notification in which such declaration was made. The area restriction was removed in the year 1976.