PADHYE J.- The petitioner held three fields being Khasra nos. 32/1, 7-22/3, 31/4 and 22, total area 8.25 acres of mouza Nalwadi, tahsil and district Wardha. She desired to divert her agricultural lands into non-agricultural lands and, therefore, applied to the Sub-Divisional Officer, Wardha, for diversion of the said lands.

2. The Sub-Divisional Officer by his order dated 12-12-1960 granted the necessary permission for diversion. The application for diversion was presumably made under section 156 of the Madhya Pradesh Land Revenue Code which was then in force. Along with the application, the petitioner had filed the proposed layout plan showing the plots to be laid thereunder, which plan Was sent to the Town Planning Officer, Nagpur, for scrutiny and opinion. The Sub-Divisional Officer, however, did not fix the premium to be paid by the petitioner on such diversion or the re-assessment of the land on account of the diversion. He left the matter of re-assessment to the Superintendent, Land Records, Wardha. It appears that the question of fixing the premium and the fresh assessment as on non-agricultural land was taken up by the Nazul Maintenance Surveyor (Diverted Land) and