BHUJAJI S O MAHADU INGOLE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) THE only point, which needs consideration in the present petition, is as to whether the judgment given by the Additional Commissioner, Aurangabad Division, Aurangabad, in Case No. TNC/tribal-R-109, vide his judgment and order, dated 27-3-1985 directing the petitioner to restore the field Survey No. 42/b of village Sukali, tq. Basmat, District Parbhani, to the respondent No. 2, could be sustained or not in the specific facts and circumstances as are narrated in short below.

(2.) THE petitioners are the legal representatives of original petitioner-Bhujaji Mahadu Ingole. The original petitioner - Bhujaji did purchase the abovesaid survey number from the respondent No. 2 on 17-12-1976 by registered sale-deed and this is an undisputed fact. It is also not disputed that petitioner belonged to scheduled caste, whereas the respondent No. 2 is Andh by caste, which was not a Scheduled Tribe so declared by the Government prior to the said transaction dated 12-12-1976.

(3.) ANDH community is included as scheduled tribe and it was so notified for the first time in the Scheduled Castes and Tribes Order (Amendment) Act, 1976 (Act No. 108/76) on and from 27th July, 1977 and prior to that the said community was not recognised as a Scheduled Tribe.