Yashwantrao S/O P Parwate (Dead) ... vs State Of Mah. Thr. Sub Divsnl ...
2021 Latest Caselaw 10979 Bom

                                                                                                           217lpa 60.2011.odt
                                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                              Letters Patent Appeal (LPA) No. 60/2011
                                                 IN
                                  Writ Petition No. 3977/2010 (D)

                Yashwantrao s/o Parshuram Parwate (Dead) through LR's
                                         ..VS..
                                 State of Maharashtra
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Office Notes, Office Memoranda of                                     Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
                                          Shri M.P. Khajanchi, Advocate for the appellants
                                          Ms. Sangeeta Jachak, AGP for the respondent/State


                                           CORAM :              A. S. CHANDURKAR AND
                                                                G.A. SANAP, JJ.

DATED : 12/08/2021

Shri M.P. Khajanchi, learned Counsel for the appellants, has sought to urge that the case of the appellants stands covered by the judgment of the Division Bench in Tukaram Laxman Gandewar vs. Piraji Dharmaji Sidarwar by LRs Laxmibai and others 1989 Mh.L.J. 815 . He submits that the learned Single Judge was not justified in dismissing the Writ Petition by placing reliance on the subsequent decision of the Division Bench in Kashibai wd/o Sanga Pawar and ors. vs. State of Maharashtra 1993(2) Mh.L.J. 1168.

2. We notice that in Writ Petition No. 1701/2019 one of us (A. S. Chandurkar J.) has on

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217lpa 60.2011.odt

30.01.2020 referred the following question for being considered by the Larger Bench :-

"Whether the subsequent recognition of the transferor as a tribal after transfer of the land would entitle the transferor to seek restoration of possession of land under Section 3(1) of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 as held in Kashibai wd/o Sanga Pawar and ors. vs. State of Maharashtra 1993(2) Mh.L.J. 1168 or whether such subsequent recognition would be of no assistance to the tribal transferor as held in Tukaram Laxman Gandewar vs. Piraji Dharmaji Sidarwar by LRs Laxmibai and others 1989 Mh.L.J. 815 ?"

3. Since this very question arises in the present Letters Patent Appeal, it be listed alongwith Writ Petition No. 1701/2019 before the Full Bench.

                                        JUDGE                                JUDGE




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