SOMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition questions the order of restoration of land by the authorities under the Maharashtra Restoration of Land to Scheduled Tribes Act, 1974 (hereinafter referred to as "the Restoration Act").

(2.) Few facts need be stated to appreciate the singular submission made by the learned Counsel in support of the petition. The present petitioner Soma was admittedly the tenant of 7.05 acres of land which comprised of Survey Nos. 128, 130 and 135 of village Jambhali. Being a tenant governed by the provisions of Bombay Tenancy and Agricultural Lands Act (hereinafter called Tenancy Law) an order was made in his favour on June 30, 1965, in Revenue Case No. 541/59(13) of 1965-66 of village Jambhali that he has become the statutory purchaser and the said land stood transferred to him. It is not in dispute that pursuant to that order, Soma became the statutory purchaser of that property.

(3.) Under the provisions of the Restoration Act, proceedings were initiated and by applying provisions of section 4 thereof, the authorities have made an order against the petitioner Soma directing restoration of the property to the tribal-landlord, i.e., respondent No. 2.