SUNDERABHAI MAROTHI METKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AGRICULTURAL land, admeasuring 1 Hectare and 97 ares in Survey No. 12/1 of village Suregaori in Hingoli district was originally owned by one Shri Subhan who was a tribal. He sold, out of the said total holding, land to the extent of 1 Hectare [2 Acres and 20 gunthas] to one Shri vishwanath s/o Satawappa Kasar, the present respondent No. 4, by a registered sale-deed dated 18th July, 1978 and bearing No. 1806. The said transferee belonged to "kasar" caste and he was not a tribal. By sale-deed dated 12 the September, 1979, registered under No. 2219, the respondent No. 4 sold the same land to the present petitioner, who is a tribal. It is also not in dispute that when the transfer was effected pursuant to the sale-deed dated 18th July, 1978 and subsequently on 12th September, 1979 there was no permission obtained, in advance, from the Collector by either of the parties.

(2.) THE Additional Tahsildar, therefore, initiated suo motu inquiry under section 36 (A) of the Maharashtra Land Revenue Code, 1966 (the M. L. R. Code, for short), in respect of the said transferred land to the extent of 2 Acres and 20 Gunthas from the possession/ownership of the tribal i. e. Subhan Bhujaji karhale. By his decision dated 20th July, 1988 the Additional Tahsildar, Hingoli held that the sale-deed under Registration No. 1806 dated 18th July, 1978 signed by Subhan s/o Bhujaji Karhale in favour of the present respondent no. 4 was invalid and so was the case with the subsequent sale-deed dated 12th September, 1979 signed by the present respondent No. 4 in favour of the petitioner - a tribal belonging to "aundh" caste The suo motu proceedings under section 36 (A) (5) of the M. L. R. Code were, thus, allowed and the suit land was directed to be restored to Smt. Salubai w/o Subhanrao Karhale by evicting the petitioner or her successors in possession of the suit land.

(3.) BEING aggrieved by the said order, passed by the Additional Tahsildar, hingoli an appeal, under section 6 of the Maharashtra Restoration of Lands to the Scheduled Tribes Act, 1974 (for short, the Restoration of Lands Act)came to be filed before the Maharashtra Revenue Tribunal and by its judgment and order dated 16th of December, 1988 the Tribunal dismissed the appeal filed by the present petitioner. Hence, this petition.