PANDURANG HARI PATIL Vs. NARAYAN BALU TANDEL

JUDGEMENT

(1.) A short but interesting question that arises in this writ petition is whether a transfer of an agricultural land by tribal whose title in such land was not valid to a non-tribal between the period mentioned under section 2 (1) (f) of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short "act of 1974") is covered under that section.

(2.) THE facts are few. The disputed land bearing Survey No. 36 , Hissa No. 3/2 part admeasuring 1 hectare 06 ars situate at Village Kadiwali originally belonged to one Vishnu Shankar Rodage - the father of respondent Nos. 2 and 3 herein. The respondent No. 1 Narayan Balu Tandel is tribal and he purchased the said land from Shri Visnhu Shankar Rodage by registered sale deed dated 22-4-1963 for a consideration of Rs. 700/ -. At the time of the purchase, Narayan Tandel (Tribal) was not agriculturist. Thereafter on 14-6-1965. Narayan Tandel sold the said land to the petitioner who is non-tribal for a consideration of Rs. 995/ -. The proceedings under the Act of 1974 was initiated on an application made by Narayan Tandel on the ground that the transfer of the said land was hit by section 2 (1) (f) of the Act of 1974. The Additional Tahsildar and Agricultural Lands Tribunal, Wada after hearing the parties by an order dated 11-9-1980 held that the transaction was not covered under the Act of 1974. A revision was preferred by Narayan Tandel -tribal -before the Additional Commissioner. After hearing the parties the Additional Commissioner vide its order dated 26-7-1984 allowed the revision and set aside the order passed by the Additional Tahsildar and Agricultural Lands Tribunal, Wada and declared the transfer effected by Narayan Tandel in favour of present petitioner bad in law and ordered its restoration to Narayan Tandel.

(3.) THE Additional Tahsildar and A. L. T. , Wada as well as the Additional Commissioner have observed that the tribal Narayan Tandel who purchased the suit land from Vishnu Shankar Rodage on 22-4-1963 was not an agriculturist. In the light of this factual background, the legal position may be examined. Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Tenancy Act") bars transfer of agricultural land to non-agriculturist. It provides in unequivocal terms that no sale in respect of agricultural land shall be valid in favour of a person who is not an agriculturist. Since the tribal Narayan Tandel was not an agriculturist, purchase of the disputed land by him was not valid. The transaction of sale by Vishnu Shankar Rodage in favour of tribal Narayan Tandel in the year 1963 was, thus invalid being specifically prohibited under law. The transfer in favour of tribal Narayan Tandel in the year 1963 being barred by law was void.