MADHUKAR B BHANUSHALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner approach this Court with a prayer inter-alia for writ of certiorari quashing the order dated 15th May, 1984 once whereby it has been intimated to the petitioner that the Order No. TNC-Act-XIV-SR-56 dated 23rd October, 1978 passed in the proceedings No. TNC-Act-XIV-SR-56 by the Additional Tahsildar, Jawhar was reveiwed. However, the order of reveiw has not been produced by the petitioner. Mr. V. A. Gangal, the learned Counsel for the petitioner, submits that the order passed by the respondent against the petitioner was not served. Therefore, it could not be produced. What is submitted is that by Exh. B, the application made by the 4th respondent under section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 was rejected and this was reviewed by the impugned communication after lapse of about 5 years.

(2.) THE petitioners case is that he is a purchaser of the property comprising S. No. 85 (1 to 5) admeasuring 21 Acres 2 Gunthas at village Khudel, Tal. Jawhar, District Thane. The Vendor of the property was the original owner under whom the respondent No. 4 was a tenant. The respondent No. 4 admittedly a tribal person. During pendency of the petition respondent No. 4 has died and his heirs and legal representative are impleaded as 4-A to 4-D who are not represented though notices are served upon them.

(3.) ON 2-12-1958, the proceedings under section 32-G were initiated and considering the respondent No. 4 as deemed purchaser an amount of Rs. 851. 70 was fixed as purchase price. The tribal person did not pay that amount and therefore, the purchase became in-effective since 18-12-1963. After that a proceedings under section 32-P was initiated and possession of the land was restored to the vendor. A mutation entry in the Revenue Record as Entry No. 465 was also made on 13-3-1965 in the name of the petitioners vendor. The petitioners vendor effected the aforesaid sale in favour of the petitioner as per sale-deed dated 11-9-1968 for a consideration of Rs. 1,500/ -. In the meantime, the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 came into force on 6-7-1974. The 4th respondent (expired) made an application on 21-1-1975 presumably under section 4 of the said Act. The Additional Tahsildar made an enquiry and came to the conclusion that a 32-G proceedings initiated in favour of the respondent No. 4 had become in-effective on 18-12-1963. The respondent No. 4 found to be dis-entitled to restore the land under section 4 of the Act and accordingly he dismissed the application of the 4th respondent on 23-10-1978. No appeal or revision was filed against this order and the said order became final.