Prabhakar Bhaurao Patil Sisode L.Rs. Sumanbai Prabhakar Patil Sisode v. Lakha Bhika Bhil L.Rs. Gulab Lakha Bhil And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD.

923 LPAST/72/2011 PRABHAKAR BHAURAO PATIL SISODE L.RS. SUMANBAI PRABHAKAR PATIL SISODE

VERSUS

LAKHA BHIKA BHIL L.RS. GULAB LAKHA BHIL AND ORS ...

Advocate for Applicant : Mr. Bachate Pralhad D. AGP for Respondents: Mr. V.M. Kagne Advocate for Respondents 3, 5, 7, 10a, 10b, 12b, 12d: Mr. A.G. Kanade ...

CORAM : R. M. BORDE & A. I. S. CHEEMA, JJ.

Date: January 22, 2016 ...

PER COURT :- Perused the Judgment delivered by the learned single Judge on 8.3.2010. Admittedly, there is no permission secured under the provisions of The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Registration Act) before entering into sale transaction. The permission that has been accorded as contended by the petitioner is under the provisions of Bombay Prevention of Fragmentation & Consolidation of Holdings Act. The permission secured under the aforesaid enactment is not referable to the permission required under the provisions of Restoration Act. The view taken by the learned Single Judge does not appear to be erroneous. The LPA is devoid of substance and stands disposed of. Pending Civil Applications do not survive and stand disposed of.

( A. I. S. CHEEMA, J. ) ( R. M. BORDE, J. ) vbd