BHAGABAI RAMDAS MARATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition challenges issuance of notice dated 13.08.1996, issued by the Additional Commissioner, Nashik Division, Nashik, for revision of the order passed by the Dy. Collector, Dhule, in Case No. 298 of 1973, decided on 17.01.1977, which was a case under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short "the Act of 1974").

(2.) Brief facts giving rise to this petition may be stated as below :.

(3.) After the exchange, the Leave Reserve Dy. Collector, Dhule, suomoto started enquiry under Section 3 of the Act of 1974 bearing Adiwasi Case No. 298/76. At that time, he had issued notices to the non tribal transferee Giridhar, his two sons Keshav, Laxman and brother Hari. Dullabha was also party as transferor. The Dy. Collector recorded statement of the tribal transferor and non tribal transferee No. 1 on 30.04.1976. Non tribal transferee No. 1 Giridhar said that Survey No. 11 was in possession of his sons and brother as a result of partition. The hearing of the case did not proceed for some time as proceedings were challenged in Writ Petition No. 11645 of 1976, but ultimately after withdrawal of writ petition, the matter was taken up for further hearing on 12.10.1976. On that day statements of all parties were recorded. The tribal transferor in his statement shown his willingness to cultivate his own land personally and to pay the amount as may be determined by this Court to the non tribal. Ultimately, the Dy. Collector came to a conclusion that the proceedings deserves to be dropped.