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1997 Supreme(Bom) 708

T.K.CHANDRASHEKHARA DAS
Subhash Govind Bhanushali – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---This writ petition is filed challenging the order dated 17th December, 1983 passed by the Additional Commissioner, Konkan Division, Bombay in Appeal/Desk/WTN/4713 communicated on 16-5-1984 evidenced by Exh. A to the writ petition. By the impugned order, the land admeasuring 18 acres and 16 gunthas in Vikramgarh village, Tal. Javhar District Thane, comprising in various survey numbers was ordered to be restored in favour of respondent Nos. 5 and 6 in exercise of the power under section 7 of the Maharashtra Lands Restoration to Scheduled Tribes Act, 1974 (hereinafter referred to as "Restoration Act" for short) in Restoration Case No. TNC/ACT XIV/SR-9 dt. 18th September, 1977. The Divisional Commissioner passed this impugned order setting aside the order passed by the Tahsildar under section 4 of the said Act whereby the application for restoration of land in question at the instance of respondent Nos. 5 and 6 were dropped.

2. The short facts for the purpose of this case can be stated thus :

The petitioner is bona fide purchaser of the aforesaid land form erstwhile owner Shri. Shrimant Yeshwantrao Maharaj respondent No. 4 as per sale deed dat
















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