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2001 Supreme(Bom) 290

R.M.S.KHANDEPARKAR
Dagadu Sakharam Patil, since deceased through his legal heirs & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Heard the learned Advocates for the parties. Perused the records.

2.The petitioners challenge the judgment and order dated 29-6-1982 passed by the Maharashtra Revenue Tribunal in Review Applications No. 5/1982 and 6/1982 thereby reviewing the judgment and order dated 29-9-1980 of the Tribunal in appeal registered as Revenue Tribunal No. 34/1979. By the impugned judgment and order the Tribunal while reviewing its earlier judgment and order dated 29-9-80 has remanded the matter to the Tahsildar, Shahada for holding fresh inquiry and to pass decision on merits in accordance with law on the dispute between the parties. The dispute relates to claim for restoration of land in accordance with the provisions of Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter called as the said Act).

3.The learned Advocate for the petitioners has conceded that the petitioners do not press for the relief in terms of prayer Clause (a) of the petition. The relief in that regard, therefore, stands rejected, as not pressed for.

4.Few facts, relevant for the decision, are that the respondent No. 2 had filed an application under the said Act for restor














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