Gavai B. R., J. - (1.) By way of Writ Petition No. 365/2009, the petitioners have challenged the order dated 3rd December 2008 passed by the learned Member of the Maharashtra Revenue Tribunal, Mumbai, in Appeal TRB No. 197/B/2008, thereby dismissing the appeal filed by the present petitioners and confirming the Order dated 30th May 2008, passed by the Tahsildar, Dharangaon, in Aadivasi Case No. 1/2004.
(2.) By way of Writ Petition No. 366/2009, the petitioners have challenged the order dated 3rd December 2008, passed by the learned Member of the Maharashtra Revenue Tribunal, Mumbai, in Appeal TRB No. 198/ B/2008, thereby dismissing the appeal filed by the present petitioners and confirming the order dated 30th May 2008, passed by the Tahsildar, Dharangaon, in Aadivasi Case No. 1/2002.
(3.) The facts, in nutshell, giving rise to the present petitions are as under : (i) S/Shri Kautik Narayan, Waman Narayan, Damu Narayan and Bhaidas Narayan Koli, who are predecessors in title of the present respondents Nos. 1 to 13, have transferred land Gut No. 103 (Old Survey No. 35/1/A), admeasuring 90-R to deceased Laxman Gotu Attarde, father of the present petitioners, for a consideration of Rs. 11,500/-. The petitioners'predecessor in title and the petitioner are in possession of the said lands since then. (ii) The respondent Nos. 1 to 13, through respondent No. 13, filed Aadivasi Case No. 1/2002 before the Tahsildar, Dharangaon, for possession of the disputed lands as per the provisions of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (For short, hereinafter referred to as "the said Act"). In the other proceedings, the caste claim of the respondent No. 13 herein was being verified by the Competent Authority i.e. Caste Certificate Scrutiny Committee. The Caste Certificate Scrutiny Committee, vide order dated 13th March 2006, has rejected the claim of respondent No. 13 as belonging to "Tokre Koli", Scheduled Tribe. The respondent No. 13, being aggrieved thereby, had approached this Court by way of Writ Petition No. 3081/2006. It is to be noted that the present petitioner No. 1 was impleaded as respondent No. 3 in the said petition. The Division Bench of this Court, vide judgment and order dated 28th July 2006, upheld the claim of the respondent No. 13 herein as belonging to "Tokre Koli", Scheduled Tribe, and directed the Scrutiny Committee to issue validity certificate in favour of respondent No. 13. (iii) It appears that the said order was challenged by the State Government as well as the present petitioner No. 1 before the Apex Court. Since there was a delay in filing the Special Leave Petition, an application for condonation of delay was also filed. The Apex Court vide orders dated 27th May 2007 and 6th August 2007, found that there was no sufficient explanation for the delay and, therefore, dismissed the Special Leave Petitions filed by the State and the petitioner Ashok, respectively. It appears that having not succeeded before the Apex Court, the present petitioner filed a Review Petition before this Court, being Review Petition Stamp No. 18006/2007. Since the said application was also delayed, a Civil Application, being Civil Application No. 8717/2007 was also filed. This Court vide order dated 24th January 2008, had rejected the said application finding that the petitioner has failed to make out a case. (iv) It appears from the record, that though the proceedings were pending before the respondent No. 14, on the application filed by the respondent No. 13, as a power of attorney holder of rest of the respondents, the present petitioner sought various adjournments. Presumably, the said adjournments were sought since the issue of tribal claim of respondent No. 13 was pending before the Competent Authorities. The Tahsildar finally allowed the application and directed the petitioners to hand over possession of the disputed lands to the respondent Nos. 1 to 13 vide order dated 30th May 2008. Being aggrieved thereby, the petitioners approached the Maharashtra Revenue Tribunal. The learned member of the Maharashtra Revenue Tribunal vide order dated 3rd December 2008 also dismissed the appeal. Hence, the present petitions.;