KALUSING Vs. RAMSING SAKHARAM GIRASE

JUDGEMENT

(1.) This Letters Patent Appeal is preferred by the respondent in Writ Petition No. 2092 of 1996 against the judgment passed by the learned Single Judge of this Court wherein the orders passed by Tahsildar and Maharashtra Revenue Tribunal are quashed. The appellant is the original respondent and the present respondent is original petitioner in Writ Petition No. 2092 of 1996.

(2.) Heard learned Counsel Mr Dhrashive for the appellant, learned A.G.P. for the State and Mr P.R. Patil, learned Counsel for the respondents.

(3.) Learned Counsel for the appellants submits that the appellants are tribal whose land was sold out in revenue auction on 30 May 1969 for recovery of Tagai Loan. However, before the date of auction the said loan was already repaid by the appellant. Therefore, under section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act 1974 (hereinafter referred to as "Scheduled Tribes Act"), the appellant is entitled to get the restoration of possession of his land.