( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1340 OF 2010 Ramesh s/o Chaitram Patil & others PETITIONERS VERSUS Baliram s/o Shivram Bhil & another RESPONDENTS .... Mr. C.R. Deshpande, advocate for the petitioners. Mr. A.S. Sawant, advocate for the respondents No. 1 and 2. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 25th June, 2010] PER COURT : 1. Heard. 2. By consent, the petition is being disposed of in following terms. (i) The impugned order whereby amendment application of the respondents is allowed, is set aside. (ii) The respondents are at liberty to take appropriate action under the provisions of the special enactment i.e. the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. ( 2 ) (iii) The respondents are at liberty to agitate the question of legality of the transaction on the basis of legal provisions under the special enactment mentioned above. (iv) All the defences available to the petitioner are kept open. The petition is accordingly disposed of. [V.R. KINGAONKAR] JUDGE NPJ/wp1340-10