1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3112 OF 1989 Shri Vasant Shamrao Patil since deceased, through legal representatives : 1 Rangrao Vasantrao Patil age 55 years, occ. Agril 2 Sarjerao s/o Vasantrao Patil since deceased through Lrs 2A Nirmalabai w/o Sarjerao Patil age 44 years, occ household 2B Anil s/o Sarjerao Patil age 22 years, occ agril 2C Sunil s/o Sarjerao Patil age 20 years, occ. Agril 2D Girish s/o Sarjerao Patil age 18 years, occ. Agril All r/o Daregaon, Tq. Chalisgaon Dist. Jalgaon .. PETITIONERS VERSUS Santa s/o Umta Bhil since decesed through legal representative : 1A Sakharam s/o Santa Bhil (Deceased) 2 1B Jibhau s/o Santa Bhil age 34 years, occ agril 1C Bapu s/o Santa Bhil age 30 years, occ. Agri 1D Barku s/o Santa Bhil age 30 years, occ. Agril 1E Bababai w/o Santa Bhil age 60 years, occ household All r/o Daregon, Tq. Chalisgaon Dist.Jalgaon. 2 The State of Maharashtra 3 Tahasildar, Chalisgaon Dist. Jalgaon. 4 Shri S.G. Borde Member, Maharashtra Revenue Tribunal, II Floor Old Secretariat Annext Bombay 32. .. RESPONDENTS Shri N.B. Suryawanshi, Advocate for the petitioners. Shri Dilip Bankar Patil, AGP for the State. ===== CORAM : R. M. BORDE, J. DATE : 29 th April, 2009. ORAL JUDGMENT : 1 Petitioner is raising exception to the order passed by the Maharashtra Revenue Tribunal in revision application no. 82/1980 decided on 9-9-1981. 3 2 Disputed land was sold by the respondent who is tribal transferor in favour of the petitioner – non tribal transferee by executing sale-deed on 10-2-1964. Initially, the proceedings under section 36 of the Maharashtra Land Revenue Code for restoration of land to the tribal transferors were initiated. It is not necessary to go into the history of litigation suffices to say that the proceedings initiated under Maharashtra Land Revenue Code were dropped and enquiry under section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes act, 1974 was initiated. It was found that the land has been transferred in violation of the provisions of said act. As such the competent authority directed restoration of land to the non-tribal transferor in exercise of powers under section 3 of the Act. The order passed by the Tahsildar was subjected to challenge before the Maharashtra Revenue Tribunal by presenting revision application. The Member, Maharashtra Revenue Tribunal who decided the matter after extending an opportunity of hearing to concerned party dismissed the same. 3 I have perused the order passed by the Tahsildar, Chalisgaon in Adiwasi case no. 27 decided on 16-8-1980 as well as the order passed by the Member, Maharashtra Revenue Tribunal on 9-9-1981. It is admitted bythe transferee that the respondent transferor is a person belonging to tribal community. Transfer is effected on 10-2-1964. In view of provisions of section 3 of the Act, review of such order can be taken within a period of 30 years from commencement of the act. Cognizance has been taken by the competent authority within time limit prescribed under the Act. There is no room to cause interference in the well reasoned order passed by the 4 authority below. In the petition, challenge is raised in respect of constitutionality of the provisions of section 3 of the Act. The relevant issue hs already been considered and the relevant provisions of the act are held to be intra vires. While dealing with the issue the Tahsildar has observed that the issue in respect of compensation can be determined later on. The parties concerned are free to approach the competent authority for securing appropriate order in that regard. In this view of the matter, there is no merit in the petition. No other ground is raised which calls for interference in the matter. The petition is thus dismissed. Rule discharged. In the facts and circumstances of the case, there shall be no order as to costs. ( R. M. BORDE, J.) dyb/office/wp3112.89.odt Authenticated copy ( Mrs. D. Y. Bhogle) P.A to the Hon’ble Judge