LIMBAJIRAO DAULATRAO SHELKE Vs. PANDIT BHIKAJI DAKHURE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioners impugn the order dtd. 12/7/2019 passed by the learned Member, Maharashtra Revenue Tribunal, Aurangabad (for short 'M.R.T., Aurangabad') in Review Petition No.8-C/14/Parbhani.

(3.) Mr. Patnurkar, learned Advocate appearing for the petitioners submits that the petitioners' father had purchased lands bearing Survey No.22-B and Gut No.84/2 under registered sale deed, from father of respondent. The sale deed was executed on 30/1/1968. The petitioners' father was put into the possession and mutation was certified in his favour. On 7/7/2000, the respondent filed proceeding invoking provisions of Maharashtra Restoration of Land to Schedule Tribe Act, 1974 (for short 'Act of 1974') r/w Sec. 36(2) of the Maharashtra Land Revenue Code, 1966 (for short 'MLR Code') alleging that sale transaction is not sustainable in law. He is tribal person and land is transferred in favour of non-tribal person without prior permission of the Collector. The learned Tahsildar acted upon such representation and dispossessed petitioners and handed over possession to the respondent.