1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 3553 OF 1991 1. Shri Krushna Jayram Chaudhari, R/o Raver, Taluka Raver, District Jalgaon. 2. Shri Damodar Vishwanath Kulkarni, R/o Raver, Tq. Raver, District Jalgaon. PETITIONERS VERSUS 1. Mehabub Gulab Tadvi, Since deceased, by his L.Rs. (i) Mubarak Mehabub Tadvi 2. Bibanbai w/o Gulab Tadvi, Since deceased, by L.Rs. and representative respondent No. 1, R/o Chinchale, post Chinchale, Tal. Burhanpur, District Khandawa (M.P.) 3. The State of Maharashtra 4. Scrutiny Committee, Director of Tribal Research and Training Institute, Pune. RESPONDENTS ..... Mr.Sanket S.Kulkarni, advocate holding for Mr.V.T.Choudhari, advocate for the petitioners. Mr.D.R.Kale, A.G.P. for the Respondent No.3. None for other respondents. ..... [CORAM : V.R.KINGAONKAR,J. [Date : 12th March, 2010] 2 ORAL JUDGMENT : 1. By this petition, the petitioners impugn judgment and order dated 5th July, 1991, rendered by the Maharashtra Revenue Tribunal in Revision Application No.30/1989. 2. Respondents no. 1 and 2 are original applicants and claimed to be owners of land Survey No. 674/1-B/2, admeasuring approximately 1 Hectare 28 Ares, situated at village Raver. They are said to be members of tribal community called "Tadvis". They submitted application before the Sub-Divisional Officer, Jalgaon for restoration of the above referred lands U/s 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1975 (For short, "the Restoration Act"). The Sub-Divisional Officer issued notices. The petitioners resisted the proceedings by filing their written statement. It was contended by the petitioners that the caste certificates produced by the original applicants, who were the predecessors of the Respondents, were not acceptable and believable. 3 The petitioners submitted that the Respondents belong to Muslim community and are Pathans but have manipulated false Caste certificates to claim benefit of the Restoration Act. In short, it was contention of the petitioners that the Respondents are not members of the tribal community called "Tadvis". 3. In the course of inquiry before the Tahsildar, the Respondent produced the Caste certificates which indicated their status as tribals. Consequent upon appreciation of material placed before him, the learned SDO held that the Respondents were entitled to restoration of the land in question which were allegedly transferred in favour of the petitioners who are non-tribals. It was held that the transfer of agricultural lands by the tribals in favour of non-tribals was invalid and as such the lands could be restored in favour of the Respondents. The order of the learned Tahsildar was challenged by filing Revision petition before the MRT. The MRT dismissed the Revision Application of the petitioners. Hence, the petition. 4 4. Heard learned counsel and learned A.G.P. 5. There is no dispute about the fact that the land in question was transferred by the predecessors of the Respondents in favour of the petitioners. It is also undisputed that the petitioners are non-tribals. The main contention of the petitioners is that the Respondents are not proved to be members of tribal community. It is argued that they are members of Mohammedan religion and can not claim status as tribals. It is further argued that unless the tribal status is verified by the Caste Scrutiny Committee, the Respondents can not claim benefit of the Restoration Act. The learned A.G.P. points out that the Respondents had filed Caste Certificates which were valid at the relevant time of inquiry. 6. Mr.Kulkarni, learned counsel for the petitioners invited my attention to certain observations in "Daulat Dhana Mali since deceased by his L.Rs. Ramkrishan Daulat Mali and others 5 Vs. State of Maharashtra and others" 1994 Mh.L.J. 1710. A Single Bench of this Court observed that the Caste claims of the tribals, who seek benefit of the Restoration Act, were required to be referred to the Scrutiny Committee. It is pertinent to notice that the Respondents can not be deprived of their status as tribals only due to change of religion. In "Karbhari alias Joseph Shankar Nikam Vs. Rahibai Anaji Gite and another" 1984 Mh.L.J.432, this Court held that a member of Scheduled Tribe does not cease to be so merely on account of conversion to Christianity. It is observed that if such person after conversion to Christianity maintains the tribal way of life on all matters he will continue to remain a tribal. 7. Mr.Kulkarni, learned advocate would submit that the Caste claim of the Respondents is required to be verified and only thereafter the Restoration may be may be considered. He, therefore, urged to remand the matter to the MRT. I do not agree. The learned Member of the MRT has duly discussed the relevant aspects of the matter. There is nothing perverse about the view 6 taken by the learned Member of the MRT. The learned Tahsildar decided the application in the month of June 1989 and the MRT decided the Revision Applications on 5.7.1991. Already more than 20 years have passed since commencement of the proceedings. The remand of the matter to the MRT is not necessary in the peculiar fact situation of the present case. It would be appropriate if the SDO/Tahsildar is directed to call upon the Respondents to place on record the duly verified Caste certificates through the Scrutiny Committee before the restoration is effected. That will suffice the purpose and will save further time. It is well settled that the Court should endeavour to shorten the life of the litigation and avoid protraction. 8. Considering the provisions of Section 3 of the Restoration Act,the transfer by a tribal in favour of non-tribal is invalid and, therefore, the tribal will be entitled to claim restoration. It is nobody's case that the petitioners exchanged any land in lieu of the above referred parcels of the lands transferred 7 by the Respondents to them. In keeping with the foregoing discussion, I am inclined to dismiss the petitions as the same are destitute of substance. 9. In the result, the petition is dismissed with no order as to costs. Rule stands discharged. However, it is made clear that before restoration of the lands in question, the tribal's status of the Respondents may be confirmed by calling upon them to produce the Caste verification certificate duly approved by the competent Scrutiny Committee. [ V.R.KINGAONKAR ] JUDGE NPJ/wp3553-91