RAM KRISHNA DAULAT MALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition, the petitioners are challenging the legality, validity and correctness of the order dated 18-9-1995 passed by the scheduled Tribe Caste Certificate Scrutiny Committee, MS Nasik (hereinafter referred to as "the Committee") , on the ground that fair opportunity of being heard was denied to them.

(2.) Briefly stated, relevant facts of the case are that Nawabkhan jamsherkhan Pathan (since deceased) owned land Survey No. 158 situated at village Dhanora Tq. Chopda Dist Jalgaon, admeasuring 12a 5 G. This land was leased to Daulat Dhana Mali (since deceased). The petitioners are the heirs of deceased Daulat. Deceased Daulat was cultivating the said land under a lease deed executed in or about the year 1945. Deceased Daulat was a tenant of the said land on the tiller's Day i. e. 1-4-1957. He was, thus, declared as deemed purchaser under section 32m of the Bombay Tenancy and Agricultural Lands act, 1948 (hereinafter referred to as "the Act of 1948"). A certificate was issued in favour of deceased Daulat. In the year 1976 after the enactment of Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to be as the "act of 1974") Assistant Collector, Amalner started suo motu proceedings against deceased Daulat. In that proceeding, the tenant raised a dispute claiming that deceased Nawabkhan Jamsherkhan was a Muslim-Pathan and not "tadvi", a tribal and, therefore, lease does not amount to a transfer within the meaning of section 2 (1) (i) of the Act of 1974. It was also contended that in any event the tribal was holding land in excess of the ceiling limit. The Assistant Collector, however, found that deceased Nawabkhan was a "tribal" and was entitled to restoration of the land (Survey No. 158) situated at village Dhanora.

(3.) This order of Assistant Collector dated 25-10-1976 was challenged before the Maharashtra Revenue Tribunal (for short "the Tribunal"). The tribunal upheld the order by its judgment dated 3-1-1977. The said judgment was challenged by the petitioners by filing Writ Petition No. 1378/1991. This court set aside the orders of the lower authorities, with direction that the issue in respect of tribe claim of Nawabkhan should be referred to the Scrutiny committee. The Committee was directed to decide the issue after hearing the petitioners and Respondent No. 3 -Nawabkhan, on or before 31-12-1994. In consonance with this direction, reference was made to the Scrutiny Committee. After receiving decision of the Committee, the Tahsildar took up the matter. The petitioners challenged the validity of the order of the Committee, on the ground that the decision was given without hearing them. The objection was not sustained by the Tahsildar. This led to filing of Writ Petition No. 2385/1995. This writ Petition was disposed of by setting aside the earlier order and giving a direction to the Committee to decide the matter after hearing both the sides, within a period of four weeks. The parties were directed to appear before the committee on 28-8-1995. In consonance with this direction, after giving an opportunity to the petitioner, the Committee upheld the tribe claim of the nawabkhan and by order dated 18-9-1995 declared that he belongs to "tadvi" scheduled Tribe. In this petition, the petitioners have challenged this order mainly on three grounds namely, (i) the copies of documents filed on behalf of deceased Nawabkhan on record were not given to the petitioners, therefore, they could not meet the case properly; (ii) the documents filed on record showing that nawabkhan and his relatives are Muslims, are not properly construed and that sufficient time was not given to the petitioners for submitting more documents, and (iii) the order is vitiated due to non-application of mind and on the ground of denial of opportunity of being heard. On these grounds, the petitioners claim that the impugned order, be quashed and set aside.