1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8402 OF 2010 Anusayabai Laxman Shinde .. PETITIONER VERSUS The Divisional Commissioner Nasik Division, Nasik & others .. RESPONDENTS Mr. V.R. Dhorde, advocate for the petitioner. Mr. N.N. Jadhav, AGP for the State. Mr. S.S. Chapalgaonkar, advocate for respondent nos. 4-D-1 to 4-D-3. ===== CORAM : R. M. BORDE, J. DATE : 30 th SEPTEMBER, 2010. PER COURT : 1 The Sub-Divisional Officer, Sangamner passed an order on 18-7-2010 and directed initiation of enquiry under the provisions of sections 3 and 4 of the Maharashtra Restoration of Lands to the Scheduled Tribes Act, 1974. Respondent / complainant had made a complaint in respect of illegality of the transaction entered into by the petitioner and the predecessor in title of the respondents. While directing cancellation of the revenue entry the Sub- Divisional Officer has directed initiation of enquiry under the provisions of 2 sections 3 and 4 of the Maharashtra Restoration of Lands to Scheduled tribes Act, 1974. The order passed by the Sub-Divisional Officer was subjected to challenge before the appellate authority and against decision by the appellate authority, revision application is stated to be pending before the Additional Commissioner, Nasik Division, Nasik. The application tendered by the petitioner for staying operation of the order passed by the Sub-Divisional Officer on 18-7-2009 has been turned down which gives rise for presenting the instant petition. 2 So far as enquiry contemplated in view of order passed by the Sub- Divisional Officer is not yet commenced. The revenue entry recorded in favour of the non-tribal / petitioner herein shall be subject to final out come of the decision in enquiry which is directed to be initiated under the provisions of sections 3 and 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. Appropriate enquiry shall be initiated in pursuance to the directions issued by the Sub-Divisional Officer, Sangamner Division, Sangamner on 18-7-2009. The revenue entry recorded by the revenue official shall be subject to final out come of the proposed enquiry. With these observations, the instant petition stands disposed of. 3 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp8402.10.odt