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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 5270 of 2004

PETITIONER:

State of Maharashtra & Ors

RESPONDENT:

Mana Adim Jamat Mandal

DATE OF JUDGMENT: 08/03/2006

BENCH:

H.K. SEMA & Dr. AR LAKSHMANAN

JUDGMENT:

J U D G M E N T

WITH

CIVIL APPEAL NO. 6480 OF 2005

H.K.SEMA,J.

CIVIL APPEAL NO. 5270 OF 2004

What appears to be a perpetual controversy with regard

to Scheduled Tribe status has again engaged the attention of

this Court for a considerable time. Two questions are raised

before us:

1. Whether the ’Mana’ community in the State of

Maharashtra is a Sub-Tribe of "Gond" and is a

Scheduled Tribe or not?

2. Whether a two Judge Bench decision of this Court

in Dina v. Narayan Singh 38 ELR 212 (for the

sake of brevity ’Dina I’) and the decision rendered by

another two Judge Bench of this Court in Dadaji

alias Dina v. Sukhdeobabu & Ors. (1980) 1 SCC

621 (for the sake of brevity ’Dina II’) are over-ruled

by a Constitution Bench of this Court in State of

Maharashtra v. Milind Katware (2001) 1 SCC 4?

The questions raised before us being the questions of

law, it is not necessary for us to recite the entire facts.

Clause 25 of