VASANT LAXMAN OAK Vs. RAGHO NAVASU WAKH

JUDGEMENT

(1.) THE petitioner is a non-tribal has filed this petition challenging the order of the Additional Commissioner, Konkan Division dated 29th October, 1984 passed in suo motu revision under section 7 of The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as the "act of 1974" ). The said revision had arisen out of the order of the Additional Tahsildar and Agricultural Land Tribunal, Ulhasnagar, in Restoration Case No. TNC. RSI. SR. 269 dated 30th June, 1979.

(2.) IT is clear from the record of this petition, (in which, in all three orders have been annexed) that the non tribal was all through out absent. The first order was an order passed by A. L. T. No. 2 and Additional Mamlatdar, Kalyan, in proceedings under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the "act of the 1948" ). At that time also the non tribal-respondent No. 1 before this Court was absent. Then there is another order of Additional Tahsildar and ALT Ulhasnagar dated 30th June 1979 in proceedings under section 3 of the Act of 1974, where also the tribal was absent and thirdly in the order of the Additional Commissioner, Konkan Division in suo motu revision the non tribal was absent.

(3.) FROM the order under section 3 of the Act of 1974 dated 30th June, 1979 it appears that proceedings under section 3 of the Act of 1974 were initiated suo motu by the Additional Tahsildar on the basis of extract of V. F. VI of Mutation Entry No. 159 of village Sagaon. This was on the assumption that possession of the suit land was transferred to non tribal-transferee. However, since tribal remained, absent, the said authority recorded the statements of the non tribal from which it was revealed that the land was not belonging to the tribal during the period 1st April, 1957 to 6th July, 1974. The Additional Tahsildar therefore held that the tribal-transferrer was entitled for restoration of the suit land and consequently he dropped proceedings under section 3 of the Act of 1974.