R.B.MISRA, S.MURTAZA FAZAL ALI
Sadiqua Begum – Appellant
Versus
Board Of Revenue, M. P. – Respondent
Judgment
FAZAL ALI, J. :- This appeal by certificate is directed against a judgment of the Madhya Pradesh High Court dismissing the writ petition filed by the appellants against certain orders of the Revenue Officers under the provisions of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (for short, Abolition Act) which came into force sometime in the year 1951. By virtue of S. 6 of the Abolition Act all transfers made by proprietors at any time after 16th March 1950 were deemed to be void unless declared valid by the Collector on a proper application made to him. The transferees, in view of the aforesaid provisions, filed applications before the Collector in 1964 who validated the transfers by his order dated 6th June 1964. Against the order of the Collector a revision was taken by the Commissioner in exercise of his powers under S. 50 of the M.P. Land Revenue Code, 1959 (hereinafter referred to as the Code). The transferees objected to the jurisdiction of the Commissioner on the ground that he had no power to revise the order of the Collector. This contention was rejected by the Commissioner and hence a revision was taken to the Boar
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