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NARENDRA KUMAR VYAS
Laxman, S/o. Sukdhar – Appellant
Versus
Bukebai (Dead), Through Lrs. Nil, Gagra, S/o. Sudhram – Respondent
ORDER :
(Narendra Kumar Vyas, J.) :
1) The petitioner has filed the present writ petition assailing the order dated 07.02.2005 passed by the Sub Divisional Officer, Kondagaon in Rev.Case No. 01/A-23/03-04 (Annexure P/5) by which the learned Sub Divisional Officer has directed the petitioner to return the land in question and also directed for deleting their names, adding the name of the respondent No.1 as Bhumiswami of the land. The petitioner has also preferred this writ petition assailing the Order dated 06.01.2006 passed by the Additional Collector, Narayanpur in Rev. Appeal No. 01/A-23/03-04 and order dated 19.01.2007 passed by the Revenue Board, Bilaspur, Circuit Court, Jagdalpur by which the order passed by the Sub-divisional Officer has been upheld.
2) The facts in brief as projected by the petitioners are that the petitioners are R/o Village Khachgaon, Tehsir Kondagaon, Distt. Bastar. In Village Khachgaon, one Dharma S/o Rupa was residing and was holding certain lands bearing Khasra No. 6 & 8/2, Area 2.50 and 1.10 Acres. As Dharma left the village and the petitioner No. 1 was cultivating the aforesaid lands for the last 25 years andhe made an application before the Tehsildar,
The court affirmed that Bhumiswami rights cannot be transferred without proper permissions as mandated by the Land Revenue Code, and the petitioners failed to establish valid occupancy rights.
The main legal point established in the judgment is that the transfer of land without prior permission from the Collector under section 165(7-b) of the Madhya Pradesh Land Revenue Code is void ab ini....
The central legal point established in the judgment is the entitlement of an asami to be recorded as bhumidhar with transferable right if the land is not covered under Section 77 of the U.P. Revenue ....
A recorded tenant's consent is essential for an unrecorded co-tenant to acquire Bhumidhari rights; absence of such consent invalidates claims to ownership.
Amendments to land revenue legislation confer Bhumiswami rights retrospectively, necessitating compliance for valid land transfers; sales executed without required permissions are null and void.
The court affirmed that the provisions of Section 170-B of the MPLR Code protect the land rights of aboriginal tribes, and Civil Courts lack jurisdiction over matters exclusively under the MPLR Code.
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