PUBLIC LITIGATION WRIT IN BOMAY HIGH COURT

Querist : Anonymous (Querist) 06 June 2010 This query is : Resolved
MY FREIND IS ADIVASI AND TO SAFE GUARD INTEREST OF CAST ON TWO COUNTS ONE CAST IS POOR AND SECOND THERE ARE UNEDUCATED PEOPLE LAW HAS BEEN FORCED THAT LAND OWNED BY ADIVASI CAN NOT SALE FREELY BEFORE TAKING PERMISSION FROM THE STATE GOVERNMENT.
NOW MY FRIEND WHO IS ADIVASI AND WANTS TO DO BUSINESS OF LAND. BOTH CRITERIA AS HE IS A WELL QUALIFIED PERSON AND NOT POOR AS OUT OF HE IS OWN INCOME PURCHASES LAND & WANTS TO DO BUSINESS OF PURCHASE/SALE OF LAND. NOW BECUASE OF SUCH ABSURD LAW HE CAN NOT SALE BEFORE PERMISSION OF STATE GOVERNMENT AND GRANTING PERMISSION TAKES ATLEAST 3 TO 4YEARS
I WANT TO FILE WRIT AND GET JUSTICE PLEASE GUIDE ME AND GIVE YOUR VALUABLE GUIDANCE AND NAME OF BEST ADVOCATED IN SUCH TYPE OF WRITE MATTER WHO KNOWS ADIVASI LAWS PROPERLY

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Kiran Kumar (Expert) 06 June 2010
its a policy matter, I dont think the Hon'ble Courts will interfere.

make a proper representation before the Sate govt. for making necessary changes in the laws governing Scheduled Tribes of the State.

but prior to making any such representation, do proper home work on the concerned laws.

Raj Kumar Makkad (Expert) 06 June 2010
No writ is maintainable on this ground because our parliament has already cut the hands of courts to comments on such matters. Reservations and provisions to safeguard their interest on caste lines are prevalent rather on economic criteria or education, the basis of your pleadings.

Uma parameswaran (Expert) 06 June 2010
I am thinking in some state there is ban only for the sale to non tribal.Check the existing law in your state. For conducting business he can avail loan.

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