1. Heard learned counsel for respective parties.

2. The brief facts of the case, as disclosed in the petition, are as under;- The suit land situated in survey No. 56/1-C admeasuring 1 Hector and 20 R assessed at Rs.5/- and 93 paise, situated at village Sangvi (Bk), Tq. Yawal, district Jalgaon. The said land previously was held by the respondents as an owners and they have sold their land to the petitioners herein in the year 1968 for consideration of Rs.9000/- under a registered sale deed and from the said consideration they have purchased another big peace of land. The petitioners thereafter improved the suit land by spending more than Rs.50,000/- and converted the dry land into Bagayat land. Thereafter, a consolidation scheme was made applicable in the said village and the suit land alongwith other lands are consolidated into Gat No.160 and at present the suit land is no more in existence. The petitioners are in exclusive possession and control, enjoyment of suit land till today. It is further case of the petitioners that the Assistant Collector, suo moto started a proceeding under Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereina