KRUSHNA WASUDEORAO AMBEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition challenges the order passed by the Maharashtra Revenue Tribunal in an appeal filed by the non-tribal, challenging the order passed by the Tahsildar to restore the land to the tribal.

(2.) The facts are as follows -

(3.) One Smt. Bayabai w/o. Ramchandra Ambekar - the mother of the petitioner - had purchased the lands in question from one Doma Shrawan Pradhan and two others in the year 1962. Suo moto proceedings were started by the Tahsildar for restoration of the lands to the Tribals. The Tahsildar, however, had dropped those proceedings. Aggrieved by the said order, the respondent had filed appeal before the Maharashtra Revenue Tribunal and by order dated 5/5/1988, M.R.T. allowed the appeal, set aside the order passed by the Tahsildar and remanded the matter to the Tahsildar for fresh enquiry. Accordingly, the Tahsildar made a fresh enquiry and he found that the respondents belonged to Halbi tribe and the transfer effected by the respondents in favour of the petitioner was in breach of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. He, therefore, directed the restoration of the said lands to the tribals. Feeling aggrieved by that order, the non-tribals i.e. the present petitioners, preferred an appeal before the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal concurred with the findings recorded by the Tahsildar and confirmed the order. Feeling aggrieved thereby, this writ petition is preferred.