1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1467 OF 2010 Devidas Ratna Rathod Vs. Vimalbai Vasanta Dahale & Others Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri N. S. Deshpande Adv for petitioner. Shri S. T. Harkare Adv for respondent 1. Shri M. B. Badiye Adv for respondent 2. Smt. K. R. Deshpande AGP for respondent 3. CORAM: .B. P. DHARMADHIKARI J. Dated: 21 st SEPTEMBER, 2010. Heard Shri Deshpande learned counsel for petitioner, learned AGP for respondent no.3, Shri Harkare learned counsel for respondent no. 1 and Shri Badiye learned counsel for respondent no.2. Contention of Shri Deshpande is proceedings for restoration of land to scheduled tribe candidate have been initiated on 6th February 2009 i.e. after expiry of period of 30 years from commencement of 1974 Amendment to Maharashtra land Revenue Code by which Section 36(A) 2 was added to it. 2] Learned AGP has pointed out that the present petitioner is a subsequent purchaser from non tribal purchaser. The original transaction between tribal and non tribal is dated 20th June 1975 and in relation to its validity the proceedings were initiated well within time. The Proceedings continued because of Writ Petition No. 1259 of 1988 filed before this Court. That Writ Petition came to be dismissed on 3rd November 2003 and this Court found tribal entitled to restoration of possession. Because of this order of High Court on 27th October 2009 Tahsildar issued notices for restoration of possession. 3] Other respective counsel are also supporting the arguments of learned AGP. 4] Perusal of record clearly shows that this Court in Writ Petition no. 1259 of 1988 has upheld the order of restoration passed in favour of tribal. Present petitioner has purchased the premises from non tribal purchaser in 2009, thus this purchase is subject to order of this Court in Writ Petition No. 1259 of 1988. Notice issued by Tahsildar on 27th October 2009 is in pursuance of order of High Court dated 3rd November 2003. 5] I therefore do not find any merit in the writ petition. Writ Petition is therefore rejected. No costs. JUDGE svk 3 4 5 6