The petitioners belong to a tribe "Gond", which is recognized as Scheduled Tribe under Entry No. 18 in the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra, and the respondent Nos. 1 to 5 belong to "Kunbi" caste and they are non-tribals. By an order dated 20-2-1989 passed in Revenue Case No. 282/LND-31/82-83 of Tirora, the Tahsildar, Tirora, directed restoration of lands Khasra No. 77/1, admeasuring 1 acre, and Khasra No. 77/2, admeasuring 1.36 acres to the petitioners, who are tribals, from the respondents/non-tribals. The sale-deeds executed in favour of the respondents on 10-3-1969 and 22-3-1971, were held to be covered by section 3 (1) (i) (ii) of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. This order has been set aside by the Maharashtra Revenue Tribunal, Nagpur, by its order dated 31-10-1991 passed in Appeal Nos. 69/B-109/91 and 70/B-109/91, which is the subject-matter of challenge in this petition.

2. By an order dated 29-4-2005 passed by the Sub-Divisional Officer, Gondia, in Revenue Appeal No. 16/RTS 64/2002-03 of Mouza Tirora, the mutation Entry No. 3982 dated 28-4-2003 in the names of the petitioners has