BADSHAHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition filed under article 226 of Constitution of India, non-tribal purchaser challenges the order dated 16-6-1989 passed in Revenue Case No. 394/lnd-31/78-79 of Gothangaon and a further order dated 20-3-1991 passed by the Maharashtra revenue Tribunal, Nagpur, in Appeal No. 174/ b-109/89. Though the petition was admitted on 5-4-1993, no relief of stay of possession was granted as the State Government then informed the Court that possession of land was already taken from non-tribal on 30-12-1991 itself.

(2.) THE present petitioner -purchaser has purchased the land admeasuring 3. 10 acres Gat No. 127 of village - Gothangaon, tahsil- Arjuni Morgaon, District- Bhandara, on 5-4-1974, by registered Sale Deed from rukhmabai widow of Sitaram. The present respondents Nos. 2 to 4 are legal heirs of deceased Rukhmabai. It is stated that rukhmabai belongs to Halbi - Scheduled Tribe and hence action for restoration of possession to Tribal Transferor was started under Section. 3 of Maharashtra Act No. XIV of 1975 i. e. Maharashtra Restoration of Lands to scheduled Tribes Act, 1974.

(3.) 1 have heard Shri. Badiye, learned counsel for the petitioner and Shri. Thakre, learned Assistant Government Pleader for respondent No. 1. Though respondents no. 2 to 4 are served, nobody appears for them.