LAWS(BOM)-2007-3-120

BADHUSINGH PANDUSINGH RATHOD Vs. STATE OF MAHARASHTRA

Decided On March 02, 2007
BADHUSINGH PANDUSINGH RATHOD Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Shri Bhuibhar, learned counsel for the petitioners and Shri Thakare, learned AGP for respondent No.1. Nobody appears for legal heirs of Respondent No.2.

(2.) Shri Bhuibhar, learned counsel has raised the question that when all legal heirs of tribal transferor are not ready and willing to take back the land transferred by Respondent No.2 or to cultivate it, whether land can still be ordered to be restored to only willing legal heir of such tribal transferor. He contends that as per Scheme of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as the Act), it is essential that all legal heirs must express their readiness and willingness to cultivate the land because land needs to be restored to them jointly and not jointly and severally. He has relied upon the judgment of the learned Single Judge of this Court in the case of Pandurang vs. State of Maharashtra , reported at 2004(2) Mh.L.J. 912. He argues that in these circumstances, provisions of Section 5A of the Act will not be applicable and the land must continue with the present petitioner.

(3.) The learned AGP has pointed out that in reported judgment, the tribal transferor was dead before the proceedings for restoration were initiated. He further states that in present matter, Respondent No.2 was very much alive till the proceedings reached this Court in Writ Petition and has expired thereafter. He further contends that one of his legal heirs who also is a tribal is ready and willing to cultivate the land in person if it is restored to him and hence ingredients of Section 3 of the Act are satisfied.