1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4152 OF 2010 (Dayaramji Fulaji Kale vs. State of Maharashtra & Anr.) with WRIT PETITION NO. 4153 OF 2010 (Dayaramji Fulaji Kale vs. State of Maharashtra & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 27, 2010. Heard Shri Patil, learned counsel for the petitioner, Shri Mujumdar, learned AGP for respondent No.1 and Shri Shinde, learned counsel for respondent No.2. The impugned sales are of the year 1986 and hence in violation of provisions of Section 36(3) of Maharashtra Land Revenue Code, 1966. Shri Patil, learned counsel has contended that the tribal filed applications under Maharashtra Land Revenue Code, 1966 as also under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, I find it hardly relevant. His further contention is, in earlier round of litigation, the land was restored to predecessor in title of Respondent No. 2 and after the death of the original owner/ tribal, present respondents No.2 in both the petitions have again transferred the land. The transfer is found to be in violation of existing provisions of law and 2 hence the order as passed is corrected and there is nothing wrong in it. Third contention of Shri Patil, learned counsel is, the Tahsildar has dropped the proceedings after noticing that both the parties are tribals. Shri Shinde and Shri Shri Mujumdar, learned AGP have pointed out that superior authorities have found that the respective petitioners belong to Mahadeo Koli tribe which is not a Scheduled Tribe and hence the transaction has been rightly invalidated. The findings facts show that the petitioner does not belong to Scheduled Tribe and hence sale transaction has been rightly held to be void. In view of these findings, no case is made out warranting any interference in writ jurisdiction. Writ Petitions are disposed of. No order as to costs. JUDGE *GS.