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Bombay High Court

LATABEN SURESHSING RANA AND ANRversusTHE REVENUE MINISTER, STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The SDO lacks jurisdiction to entertain the notice because the transfer occurred outside the period prescribed by the Act.

Summary

The petitioners, Smt. Lataben Sureshing Rana and another, challenged a show‑cause notice issued by the Sub‑Divisional Officer, Maval‑Mulshi, under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. The notice sought restoration of land that the petitioners had purchased on 10 March 1995 from the original tribal owners. The petitioners argued that the Act applies only to transfers made between 1 April 1957 and 6 July 1974, and therefore the SDO lacked jurisdiction to entertain the notice. The court observed that the notice did not specify the date of transfer and granted the petitioners liberty to produce the sale deed before the SDO. It directed that any question of the SDO’s jurisdiction, based on the transfer date, be decided by the SDO before proceeding to the merits, leaving all contentions open.

Issues considered

  • The applicability of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 to a land transfer dated 10 March 1995.
  • Whether the Sub‑Divisional Officer has jurisdiction to issue a notice for restoration of land transferred after the statutory period.

Legislation cited

Subjects

  • Restoration of tribal lands
  • Land transfer jurisdiction
  • Show‑cause notice
  • Sale deed
  • Maharashtra Restoration of Lands to Scheduled Tribes Act
  • Sub‑Divisional Officer

Judgment

Gitalaxmi                                             6-WP-11349-2026.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION


                  WRIT PETITION NO. 11349 OF 2026

SMT. LATABEN SURESHSING RANA
AND ANOTHER                                          ...PETITIONERS

                        Versus

THE REVENUE MINISTER,
THE STATE OF MAHARASHTRA AND OTHERS                  ...RESPONDENTS

     Mr. Prasad S. Dani, Sr. Advocate a/w Mr. D. Kate & Mr. Prasad
     Avhad i/b Mr. Chetan R. Nagare, Advocates for the
     Petitioners.

     Ms. Sulbha Chipade, AGP for the State-Respondent.

                                  CORAM      : ARUN R. PEDNEKER, J.

                                  DATE       : 31st AUGUST, 2026.
Per Court :
1.          Heard learned counsel appearing for the Petitioners.

2.          Perused the record.

3.          Learned counsel for the Petitioners has pointed out the
notice at Exhibit-I (page 81 of the paper-book), issued by the Sub-
Divisional Officer (“SDO”), Maval-Mulshi, Pune under the provisions
of Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974,


                                      Page 1 of 3
                                 31st AUGUST, 2026
Gitalaxmi                                                 6-WP-11349-2026.docx



(“the Act”) particularly Section 2(1)(i), which relates to transfer, is
noted below for reference :-

        “(i) “Transfer” in relation to land means the transfer of land
        belonging to a tribal made in favour of a non-tribal during the
        period commencing on the 1st day of April 1957 and ending on
        the 6th day of July 1974, either-

        (a) by act of parties, whether by way of sale, gift, exchange,
        mortgage or lease or any other disposition made inter-vivos; or

        (b) under a decree or order of a court, or

        (c) for recovering any amount of land revenue due from such
        Tribal, or for recovering any other amount due from him as an
        arrear of land revenue, or otherwise under the Maharashtra Co-
        operative Societies Act, 1960 or any other law for the time being
        in force but does not include a transfer of land falling under the
        proviso to sub-section (3) of section 36 of the Code; and the
        expressions “Tribal-transferor"”and “on-Tribal transferee” shall
        be constructed, accordingly.”

4.           Learned counsel for the Petitioners also submits that the
complainants therein had sold the property to the Petitioners on 10 th
March, 1995 and that the same complainants have invoked the
provisions of the Act seeking restoration of the land.                Learned
counsel submits that the provisions of said Act can be invoked only
for the transfers made between 1 st April, 1957 and 6th July, 1974 and
the said Act cannot be invoked for nullifying any transaction made
thereafter.


                                       Page 2 of 3
                                  31st AUGUST, 2026
Gitalaxmi                                                   6-WP-11349-2026.docx



5.               Learned counsel for the Petitioners also submits that the
authority constituted has no jurisdiction to deal with the matters
since the transfer itself is of 10th March, 1995, so also the authority
has no power to invoke such provisions.

6.               Learned AGP has submitted that only show-cause notice is
issued and that the concerned SDO apparently was unaware of the
date of transfer and that the Petitioners have an opportunity to
present their case before the SDO.

7.               Considering the submissions and since the impugned notice
does not indicate the date of transfer, the present Petition is disposed
of with liberty to the Petitioners to produce the Sale Deed before the
concerned authority i.e. Sub-Divisional Officer and may produce it
and seek appropriate relief from the SDO.

8.               In the event an application is filed questioning the
jurisdiction of SDO, particularly with reference to the date of
transfer, the said application would be decided by the SDO before
further proceeding with the merits of application filed before him.

9.               All contentions of the parties are left open.




                                                  [ ARUN R. PEDNEKER, J. ]


                 Digitally signed
                 by GITALAXMI
     GITALAXMI   KRISHNA                  Page 3 of 3
     KRISHNA     KOTAWADEKAR
     KOTAWADEKAR Date:               31st AUGUST, 2026
                 2026.09.08
                 11:25:31 +0530


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