IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION WRIT PETITION No.4752 OF 2008 Mrs. Sangita S. Navlakha & Ors. ... Petitioners Vs Smt. Sarla S. Salunke & Anr. ... Respondents Mr. Jayesh B. Kocheta with Pankaj D. Purway, for the petitioner. Mr. Sagar Salunke with Anil Salunkhe, for the respondent No.1. Mr. V. A. Sonpal, AGP for respondent No.2. CORAM: V. C. DAGA, J. DATED: JANUARY 16, 2009. P.C.: ---- . Heard the learned counsel for the petitioner and the advocates appearing for the respondents. This petition is directed against the judgment and order dated 17th July, 2008 passed by the President, Maharashtra Revenue Tribunal in Appeal No. Trb/53/2008 whereby the appeal filed by the purchaser of the land came to be dismissed and order of restoration of land passed by the Tahsildar, Malegaon in Adivasi Case No. 1/2003, in compliance with the provisions of Restoration of Land to Scheduled Tribes Act 1974 was passed. - 2 - - 2 - - 2 - 2. The learned counsel for the petitioner submits that so far as respondent No.1 is concerned, she belongs to caste "TAKARI" which is notified as V. J. by the State of Maharashtra. He thus, submits that she is not a tribal. Reliance is sought to be placed on the order dated 25th May 2003. 3. The learned cunsel for the respondent No.1 submits that respondent No.1 belonging to "Pardhi" Tribe. He has placed reliance on the certificate dated 3rd May, 2006, issued by the office of the Sub-Divisional Officer Malegaon, certifying the respondent No.1 belongs to "Pardhi", Sheduled Tribe. In addition to this certificate, issued by the S.D.O. one more document, certificate issued by the Scrutinee Committee Nashik bearing Validity Certificate No. 136047 dated 19th November 2008 is filed on record with aditional affidavit wherein Scrutinee Committee after scrutinizing the case of respondent No.1 validated the caste certificate, issued by the Sub-Divisional Officer, Malegaon dated 3rd May, 2006. 4. In the above view of the matter and in view of the certification of the Committee, it is beyond doubt that the respondent No.1 belongs to "Pardhi" tribe, - 3 - - 3 - - 3 - which is admittedly a Scheduled Tribe. In the circumstances, no case is made out by the petitioner to interfere with the impugned order of the Maharashtra Revenue Tribunal. 5. In view of the certification of the caste by the Scrutinee Committee, question of setting aside the impugned order does not arise. In the result, petition is dismissed in limini, holding it to be without any substance, with no order as to costs. 6. At this stage, the learned counsel for the petitioner prayed for the stay of this order. Prayer is rejected as strongly opposed being without any merit. Sd/- [ V.C. DAGA, J.]