KISAN KAHI PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner in the above Special Civil Application, Kisan Kalu Patil, was declared a surplus holder to the extent of 2 hectares 39 are as of land by the Surplus Land Determination Tribunal, Chopda on March 26, 1976.The said order was confirmed by the Maharashtra Reveuue Tribunal on May 6, 1976. The concurrent findings are challenged in the above petition, under Article 227 of the Constitution of India.

(2.) Mr. Sawant, the learned counsel for the petitioner, urged all the points which were urged before the Maharashtra Revenue Tribunal, but I do not find any substance in any of them except a point with regard to Gat No. 193, which is ordered to be restored to a tribal under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. It is unnecessary to discuss the other points urged by Mr. Sawant as I find no error in the concurrent findings recorded by the two Tribunals. So far as Gat No. 193 is concerned, both the learne Tribunals have overruled the contention on behelf of the petitioner on the ground that on October 2, 1975, the land continued to be in the actual possession of the petitioner although it seems that a notice had already been issued to the petitioner to restore the land under the Maharashtra Restoration of lands to Scheduled Tribes Act, 1974 which came into force on April 28, 1975.

(3.) It may be noted that the notice and proceedings are still pending because of the machinery for implementing that law or for other reasons, but if the lands belonged to a tribal, it is liable to be restored under that Act, Mr. Sawant submits that if the land is restored the surplus will be reduced by 1 hectare '3 ares. This position cannot be disputed by Mr. Deshmukh, the learned Assistant Government Pleader appearing for the State. That being so, justice requires that the declaration of surplus made by the learned Tribunals must be subject to the decision of the authorities under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. In other words, if Gat No. 193 or any part thereof is ordered to be restored to the tribal under that Act, the surplus declared in respect of the petitioner must be reduced to that extent and the declaration must stand modified automatically to that extent.