Smt. Laxmibai Waman Ghatal @ Smt. Mathurabai Navsha Dalvi And ORS v. Shri. Vasudev Harishchandra Samant And ORS

Megha 14_wp 14294_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14294 OF 2018 Smt. Laxmibai Waman Ghatal @ Smt. Mathurabai Navsha Dalvi and Ors.

...Petitioners

Versus

Vasudev Harishchandra Samant and Ors.

...Respondents

...

Mr. Sanjeev P. Kadam with Mr. Mayur Sanap, Mr. Pratik Deshmukh and Mr. Shivam S. Kadam for the Respondent Nos.1, 9 and 10. Mr. Sunil G. Karandikar for the Petitioners.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th DECEMBER, 2022.

P. C. :- 1.

The challenge in this petition is to the order dated 28/07/2017 whereby the learned President, Maharashtra Revenue Tribunal Mumbai, dismissed Appeal No.TRI/APL/PAL/143/2015 filed by the Petitioners challenging order dated 12/01/2015 passed by the learned Tahasildar, Vasai in Case No.Adiwai/14/75/2/2013. 2.

The Petitioners are tribals. They had initiated proceedings under Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. Said application was dismissed by learned Tahasildar 1/2

Megha 14_wp 14294_2018.doc against which an appeal was filed. The Tribunal has dismissed the appeal relying upon the decision of the Division Bench of this Court in The State of Maharashtra vs. Khatua Makani and Company Pvt. Ltd., 1987 Mh.L.J., 908. Having gone through the judgment, there is no illegality or infirmity in the impugned order, which warrants interference in the writ jurisdiction. Hence, the petition is dismissed. (SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2022.12.21 17:24:22 +0530 MEGHA S PARAB 2/2