gst 1 wp6371.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 6371 OF 2010. Viraj Profiles Ltd. & Anr. .... ... ..... ....Petitioner. V/s The Sub Divl. Officer, Dahanu Dvn., & Ors. ... ... Respondents Mr.N.V.Walavalkar . i/by M/s.Kadam & Co., Adv. For the petitioner. Mr.Nitin Gangal, Adv. For respondent Nos. 2, 3 & 10. Mr.Sabrat, Adv. For respondent No.4. CORAM: B.R.GAVAI, J. 26th August, 2010. PC: Leave to amend so as to implede State of Maharashtra and Tahsildar, Palghar as party-respondents. Amendment to be carried out forthwith. The petitioner has approached this Court on two grounds, firstly that the order passed by the Tahsildar, Palghar which is annexed to the petition purportedly passed under the provisions of the Maharashtra Restoration of Lands to Schedule Tribes Act, 1974 is without jurisdiction in as much as said act is applicable to transfers only between the period 1957-1974. 2. Assuming without admitting, it is contended that the order at the most would be under the provisions of section 36A of the Maharashtra Land Revenue Code and as such the appeal before the learned SDO would be sustainable. It is submitted that the order passed by the SDO dismissing the appeal on the ground that it is not tenable is therefore not sustainable in law. 3. Though parties are heard at length, it is agreed between them that in the gst 2 wp6371.10.sxw interest of justice instead of inviting an order on merits the application filed by the present respondent before the Tahsildar, Palghar be treated as withdrawn with liberty to the respondents to file an application afresh before the Competent Forum in accordance with the provisions of law. Since the respondent themselves have requested for treating the application before the Tahsildar as withdrawn the orders passed by the Tahsildar and subsequent order passed by the SDO should be treated as nonest. Respondent would be at liberty to apply afresh to the Competent Authority for restoration of lands in accordance with relevant provisions. If such an application is made the Authority would consider the same on its own merit within a period of six months from the date of making such an application without being influenced by any of the observations made in the earlier order.