1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2959 OF 1991. Sadashiv Kachru Nehte since deceased through his legal heirs : a) Bhagwat Sadashiv Nehte, b) Purushottam Sadashiv Nehte, c) Saraswatibai W/o Sadashiv Nehte. d) Janabai W/o Waman Nemade, e) Maltibai Sakharam Lidhure. All residents of at & Post Humbari, Taluka Yawal, Dist.Jalgaon. 2. Deoram Kacharu Nehte, 3. Dayaram Kacharu Nehte, since deceased through his legal heirs. a) Baliram Dayaram Nehte. b) Pundalik Dayaram Nehte. Nos.2, 3(a) and (b) residing at and post Humbari, Taluka Yawal, District Jalgaon. Versus 2 Smt. Kuwarbai W/o Ukharde Tadvi since deceased through her legal heirs : 1) Smt. Tulsabai Nyabare Tadvi, residing at & Post Savkhede (Bk.) Taluka Raver, Dist. Jalgaon. 2) Smt.Mayatabai W/o Ukharde Tadvi, since deceased through her legal heirs : a) Gangubai Gambhir Tadvi. Residing at & Post Shirsad, Taluka Yawal, Dist.Jalgaon. 3. Smt.Gangabai W/o Gambhir Tadvi, residing at & Post Shirsad, Taluka Yawal, Dist.Jalgaon. 4. State of Maharashtra. ... Respondents. ... WITH WRIT PETITION NO.2960 OF 1991. 1. Sadashiv Kachru Nehte, since deceased through his legal heirs. a) Bhagwat Sadashiv Nehte, b) Purushottam Sadashiv Nehte, c) Saraswatibai Sadashiv Nehte, d) Janabai Waman Nemade, e) Malatibai Sakharam Lidhure, All major, R/o At & Post Humbardi, Tq. Yawal, Dist. Jalgaon. 2. Deoram Kachru Nehte, 3. Dayaram Kachru Nehte- since deceased through his legal heirs : 3 a) Baliram Dayram Nehte, b) Pundalik Dayaram Nehte, Nos.2,3(a) & (b) residing at and post Humbardi, Tq. Yawal, Dist. Jalgaon. ... Petitioners. Versus 1. Ughadu Sardar Tadvi since deceased through his legal heirs : a) Salim Ughadu Tadvi, b) Hussein Ughadu Tadvi, c) Reshambai W/o Ramzan Tadvi, d) Sayyabai Ughadu Tadvi, All major, Occ.Agri., All residing at and Post Pal, Taluka Raver, Dist.Jalgaon. 2. Ramzan Guljar Tadvi. 3. Najir Abaji - since deceased through his legal heirs : a) Ismail Abaji b) Ibrahim Abaji c) Babu Abaji All residing at & Post Humbardi, Tq.Yawal, Dist.Jalgaon. 4. Araman Usman Tadvi- since deceased through his legal heirs : a) Hurmatbai W/o Araman Tadvi, b) Jubeda Araman @ Gulsher Tadvi. c) Rahimat Araman @ Gulsher Tadvi. d) Sakubai W/o Araman Tadvi. 4 All residing at Chuchande, Tq. Yawal, Dist. Jalgaon. 5. State of Maharashtra ... Respondents. ... Mr.S.S.Kulkarni, advocate holding for Mr.V.T.Choudhari, advocate for the petitioners. Mr.D.R.Kale, A.G.P. for the Respondent No.5. Respondents Nos.1(a) to 1(d), 2, 3A to 3C, 4A to 4D, served. ... CORAM : V.R.KINGAONKAR,J. Date : 26.02.2010. ORAL JUDGMENT 1. By these petitions, which are being decided together, the petitioners impugn judgment and order rendered by the Maharashtra Revenue Tribunal in Revision Application Nos.43/1989 and 45/1989. 2. Original land bearing S.No.12 was divided in five (5) parts and the same has been renumbered as S.No.12/1, 12/2, 12/3 so on and so forth. The petitioners claimed to be owners of S.No.12/1 and S.No.12/3 respectively on account of purchase from the predecessors-in-title of the 5 respondents. The lands in question were previously under cultivation of the Respondents and their predecessor-in-title. They are said to be members of tribal community called "Tadvis". They submitted application before the Sub- Divisional Officer, Jalgaon for restoration of the above referred lands U/s 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1975 (For short, "the Restoration Act"). The Sub-Divisional Officer issued notices. The petitioners resisted the proceedings by filing their written statement. It was contended by the petitioners that the caste certificates produced by the original applicants, who were the predecessors of the Respondents, were not acceptable and believable. The petitioners submitted that the Respondents belong to Muslim community and are Pathans but have manipulated false Caste certificates to claim benefit of the Restoration Act. In short, it was contention of the petitioners that the Respondents are not members of the tribal community called "Tadvis". 3. In the course of inquiry before the 6 Sub-Divisional Officer, the Respondent produced the Caste certificates which indicated their status as tribals. Consequent upon appreciation of material placed before him, the learned SDO held that the Respondents were entitled to restoration of the lands in question which were allegedly transferred in favour of the petitioners who are non-tribals. It was held that the transfer of agricultural lands by the tribals in favour of non-tribals was invalid and as such the lands could be restored in favour of the Respondents. The order of the learned Sub- Divisional Officer was challenged by filing Revision petition before the MRT. The MRT dismissed the Revision Applications of the petitioners. Hence, these petitions. 4. Heard learned counsel and learned A.G.P. 5. There is no dispute about the fact that the lands in question were transferred by the predecessors of the Respondents in favour of the original petitioners. It is also undisputed that 7 the petitioners are non-tribals. The main contention of the petitioners is that the Respondents are not proved to be members of tribal community. It is argued that they are members of Mohammedan religion and can not claim status as tribals. It is further argued that unless the tribal status is verified by the Caste Scrutiny Committee, the Respondents can not claim benefit of the Restoration Act. The learned A.G.P. points out that the Respondents had filed Caste Certificates which were valid at the relevant time of inquiry. 6. Mr.Kulkarni, learned counsel for the petitioners invited my attention to certain observations in "Daulat Dhana Mali since deceased by his L.Rs. Ramkrishan Daulat Mali and others Vs. State of Maharashtra and others" 1994 Mh.L.J. 1710. A Single Bench of this Court observed that the Caste claims of the tribals, who seek benefit of the Restoration Act, were required to be referred to the Scrutiny Committee. It is pertinent to notice that the Respondents can not be deprived of their status as tribals only due 8 to change of religion. In "Karbhari alias Joseph Shankar Nikam Vs. Rahibai Anaji Gite and another" 1984 Mh.L.J.432, this Court held that a member of Scheduled Tribe does not cease to be so merely on account of conversion to Christianity. It is observed that if such person after conversion to Christianity maintains the tribal way of life on all matters he will continue to remain a tribal. 7. Mr.Kulkarni, learned advocate would submit that the Caste claim of the Respondents is required to be verified and only thereafter the Restoration may be may be considered. He, therefore, urged to remand the matter to the MRT. I do not agree. The learned Member of the MRT has duly discussed the relevant aspects of the matter. There is nothing perverse about the view taken by the learned Member of the MRT. The learned SDO decided the application in the month of June 1989 and the MRT decided the Revision Applications on 3.7.1991. Already more than 20 years have passed since commencement of the proceedings. The remand of the matter to the MRT is not necessary in the peculiar fact situation 9 of the present case. It would be appropriate if the SDO is directed to call upon the Respondents to place on record the duly verified Caste certificates through the Scrutiny Committee before the restoration is effected. That will suffice the purpose and will save further time. It is well settled that the Court should endeavour to shorten the life of the litigation and avoid protraction. 8. Considering the provisions of Section 3 of the Restoration Act,the transfer by a tribal in favour of non-tribal is invalid and, therefore, the tribal will be entitled to claim restoration. It is nobody's case that the petitioners exchanged any land in lieu of the above referred parcels of the lands transferred by the Respondents to them. In keeping with the foregoing discussion, I am inclined to dismiss the petitions as the same are destitute of substance. 9. In the result, both the petitions are dismissed with no order as to costs. Rule stands 10 discharged. However, it is made clear that before restoration of the lands in question, the tribal's status of the Respondents may be confirmed by calling upon them to produce the Caste verification certificate duly approved by the competent Scrutiny Committee. (V.R.KINGAONKAR,J.) asp/office/wp295991