JUDGMENT - KANTHARIA H.H., J.:---The petitioner purchased agricultural lands admeasuring 17.3 gunthas out of Survey No. 24/2 of village Yevati, Tahsil Wani, district Yavatmal from respondents Nos. 3 and 4. Respondent No. 3 is the adoptive mother of respondent No. 4. The sale deed is of May 11, 1962 for a price of Rs. 3,000/-.

2. After the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as the "Restoration Act") came into force, the Deputy Collector and Special Land Acquisition Officer, Wani (respondent No. 2) initiated suo motu proceedings for restoration of the said land to respondents Nos. 3 and 4 under section 3 of the Restoration Act. The petitioner resisted the suo motu proceedings by filing a written statement, inter alia, contending that the transferors i.e. respondents Nos. 3 and 4 were not Tribals and that they did not belong to Scheduled Tribe within the meaning of Explanation to section 36 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as the "Land Revenue Code").

3. Respondent No. 2 who heard the said suo motu proceedings, dismissed the petitioner's contention that respondents Nos. 3 and 4 were not the tribals o

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