Case Note & Summary
The petitioners, Tulsiram Adku Marape and Namdeo Adku Marape, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 31.08.1999 passed by the Additional Commissioner, Nagpur Division, Nagpur, in an appeal under Section 247 of the Maharashtra Land Revenue Code, 1966. The appeal was against the order of the Sub-Divisional Officer (SDO) dated 31.03.1997, which set aside a transfer of land in favor of the petitioners on the ground that it contravened Section 36(2) of the Code. The transfer had been executed on 06.04.1976 by the deceased father of respondents No. 5 to 8 in favor of the petitioners. The petitioners argued that both the transferor and the transferees were tribals, and therefore, the provisions of Section 36(2) were not attracted, as Section 36A of the Code creates an exception for transfers between tribals. The court examined the provisions and found that Section 36(2) prohibits transfers of land by tribals to non-tribals without permission, but Section 36A expressly allows transfers between tribals. Since both parties were tribals, the transfer was valid. Additionally, the court noted that the Additional Commissioner exercised suo motu powers under Section 247 after a delay of over 23 years, which was unreasonable. The court allowed the petition, quashed the orders of the Additional Commissioner and the SDO, and held that the transfer was not in contravention of the Code.
Headnote
A) Land Revenue - Tribal Land Transfer - Section 36(2) and Section 36A of Maharashtra Land Revenue Code, 1966 - Transfer of land by a tribal to another tribal is not prohibited under Section 36(2) as Section 36A creates an exception for transfers between tribals - The court held that the Additional Commissioner erred in setting aside the transfer on the ground that it violated Section 36(2) because both transferor and transferee were tribals, and the transfer was protected under Section 36A (Paras 2-5). B) Limitation - Suo Motu Revisional Powers - Section 247 of Maharashtra Land Revenue Code, 1966 - Suo motu powers under Section 247 must be exercised within a reasonable period - The court held that the Additional Commissioner's order passed in 1999, setting aside a transfer that occurred in 1976, was grossly delayed and could not be sustained (Para 6).
Issue of Consideration
Whether a transfer of land from one tribal to another tribal is in contravention of Section 36(2) of the Maharashtra Land Revenue Code, 1966, and whether the Additional Commissioner could exercise suo motu powers under Section 247 after a long delay.
Final Decision
The writ petition is allowed. The order dated 31.08.1999 passed by the Additional Commissioner, Nagpur Division, Nagpur, and the order dated 31.03.1997 passed by the SubDivisional Officer, Gadchiroli, are quashed and set aside. The transfer in favor of the petitioners is held to be valid and not in contravention of the Maharashtra Land Revenue Code, 1966.
Law Points
- Section 36(2) of Maharashtra Land Revenue Code
- 1966 does not apply to transfers between tribals
- Section 36A provides exception for tribal-to-tribal transfers
- Suo motu revisional powers under Section 247 must be exercised within reasonable time
