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SUDHANSHU DHULIA, K. VINOD CHANDRAN
State of Madhya Pradesh – Appellant
Versus
Dinesh Kumar – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The appeal by the State of Madhya Pradesh is against the impugned order of the learned Single Judge of the High Court of Madhya Pradesh at Indore which interfered with the Revisional Order passed by the Commissioner, Ujjain Division, Ujjain, exercising suo motu powers under Section 50 of the M. P. Land Revenue Code, 1959,1[The Code of 1959]. The Revisional Order dated 14.09.2021, set aside the order of the Additional Collector, Ratlam dated 21.03.2018 by which permission under Section 165 (6) of the Code of 1959 was granted for sale of the land of respondent Nos.2 to 5 which resulted in execution of a registered sale deed dated 26.03.2018 in favour of the Writ Petitioner. The impugned order set aside the Revisional Order and directed that any consequential changes made in the revenue records would stand cancelled; restoring the mutation dated 18.05.2018 in the name of the Writ Petitioner.
3. Mr.Harmeet Singh Ruprah, Deputy Advocate General appearing for the appellant-State, argued that the learned Single Judge erred in interfering with the suo moto order passed by the Commissioner, which was in accordance with the provisions of the
The Additional Collector had jurisdiction to grant permission for land sale under Section 165(6) of the M. P. Land Revenue Code, 1959, and the High Court's interference was erroneous.
The Commissioner cannot decide land sale permissions on merits but must remit the matter to the Sub-Divisional Officer for proper inquiry under the Chhattisgarh Land Revenue Code.
A land transfer without Collector permission is invalid under statutory provisions, affirming the need for compliance with regulatory frameworks.
Land transfers by government lessees require prior approval from a Revenue Officer; transactions made without such consent are invalid.
The main legal point established is that in notified scheduled areas, permission of the Collector is required for transferring land from a Scheduled Tribe to a non-tribal, as per Section 165(6) of M.....
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