LEELABAI ASHANA TOTAWAR Vs. NAGORAO HIRAMAN GEDAM

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

(2.) The petitioners have challenged the order dated 18.01.2018 passed by the Maharashtra Revenue Tribunal in the appeal that was filed by the petitioners under Section 6 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 ( for short, 'the said Act') whereby the said appeal has been dismissed and the order daed 28.01.2016 passed by the Tahsildar has been maintained.

(3.) The facts relevant for adjudicating the present writ petition are that it is the case of the respondent no.1-Nagorao that his father-Hiraman had on 07.04.1969 sold field Gat No.309 admeasuring 1 H 88 R for a consideration of Rs.4,500/- to the petitioner no.1-Leelabai. It is the claim of the respondent no.1 that he belongs to 'Gond' Scheduled Tribe, while the petitioners are non tribals. The father of the respondent no.1 had initiated proceedings under the said Act seeking restoration of possession. The said proceedings were dismissed on the ground that a caste certificate had been issued to Leelabai's husband. An appeal filed by Hiraman was also dismissed on 03.05.1976. After passage of sometime, suo motu proceedings were initiated by the Special Land Acquisition Officer for restoration of possession to Hiraman under the provisions of the said Act. Directions were issued by the Special Land Acquisition Officer to restore the land to Hiraman. Thereafter the Maharashtra Revenue Tribunal allowed the appeal filed by the present petitioners and set aside that order. The Additional Commissioner however exercised suo motu revisional powers and directed the petitioners to restore the land in favour of Hiraman. This order was challenged in Writ Petition No.484/1995 and the same was allowed on the ground that the Additional Commissioner could not have exercised suo motu powers.