(1.) THE interesting, but short point involved in this petition is whether in the case where a non-tribal had purchased the land from a tribal transferor after 1-4-1957 and thereafter had sold the said land to another tribal before 15-3-1971 would such sale fall within the ambit of section 3 of the Maharashtra Restoration of Lands to scheduled Tribes Act, 1974 and consequently is such sale null and void.
(2.) THE petitioner belongs to Bhill Tribe, which is notified as Scheduled Tribe in the State of Maharashtra. The property is identified as Survey No. 29 of Mouja Jeetapur. The property belonged to one Aakaji Nimbaji Bhilla, who also is a tribal belonging to a notified Scheduled Tribe. He effected partition of the property during his life time by deed of Partition dated 19-4-1952 between his sons. An application was moved on 14-10- 1975 on behalf of Najru A. Bhilla against Kashiram Namdeo Mahale, the Respondent No. 4. It was the case of the tribal that he had sold the land to the Respondent No. 4 in the year 1966 by registered sale deed. The property was identified as field Survey No. 29 which totally admeasured 11 Acres 3 Gunthas, out of which the tribal s share was 7 Acres. Notice was issued in which the present petitioner seems to have been joined as party. It was the case of the present petitioner that he had purchased the land from the Respondent No. 4 before 15-3-1971. The Additional Commissioner, Amravati Division, held that by virtue of the powers given under section 7 of the maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, the land is required to be restored as the land was transferred from tribal to non-tribal, and the Tahsildar was directed to initiate appropriate proceedings for restoration of the land to the original tribal. It is this order dated 31-3-1997 which is challenged in this petition.
(3.) THE Maharashtra Restoration of Lands to Scheduled tribes Act, 1974 was assented to by the President on 28th april, 1975. The Act covers all transfers of land from tribal to non-tribal between 1-4-1957 and ending on 6-7-1974. The Objects and Reasons Clause of the Act reads as under :-