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BOMBAY HIGH COURT
Rohit B. Deo, J
Sau. Urmila Dattarao Sarkunde – Appellant
Versus
Narayan Kondba Sarkunde – Respondent


Advocates:
For the Appellants/Petitioners: Mr. P. S. Chawhan
For the Respondents: Mr. G. M. Kubade, Ms. T. H. Khan

ORAL JUDGMENT:

1.The petitioner and respondents 1 to 7 belong to the ‘Andh’ community which is recognized as Scheduled Tribe.

2. According to the petitioner, vide sale-deed dated 17.09.2009, respondents 1 to 7 sold agricultural land admeasuring 1.23 HR assigned Survey 90 situated at Mouza Shelu, Pusad, District Yavatmal, to the petitioner.

3. Petitioner claims to be in possession of the said agricultural land.

4. Petitioner states that on 02.12.2013 respondent 1 preferred an application before the Tahsildar – respondent 8 herein for cancellation of the sale-deed and restoration of the agricultural land. The petitioner resisted the application contending that since the vendors and the vendee belonged to the Scheduled Tribe, there is no requirement of obtaining prior sanction of the Collector for the transfer.

5. The Tahsildar passed order dated 30.06.2015 allowing the application for restoration on the ground that the previous sanction of the Collector was not obtained. Consequentially, the mutation entry 365 which was taken on the basis of the sale-deed was cancelled.

6. The petitioner preferred revision before the Maharashtra Revenue Tribunal (MRT) which was not entertained.

7. The petit

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