( 1 ) THIS is a petition under Article 226 of the Constitution of India challenging the original, appellate and revisional orders passed by the different Revenue Courts (Vide Petitioner's Annexures 1, 2, 3 and 5) assessing the petitioner to enhanced land revenue in respect of land said to have been diverted for non-agricultural purposes.

( 2 ) THE lands in question were formerly held by the Associated Cement Company limited in Malik-makbuza rights. The said Company had been granted a mining lease in respect of the said lands for a period of 30 years starting from the year 1920 and ending in the year 1950. According to the report appended to the order of the Sub-Divisional Officer an area of 2,20948 square feet had been diverted for non-agricultural purposes for constructing residential quarters for labourers after 1-10-1955 on which date the M. P. Land Revenue Code, 1954, was brought into force. It is pertinent to note that under the Central Provinces Land Revenue Act, 1917, a Malik-makbuza holder intending to divert his holding to non-agricultural purposes was not required to take the permission of a Revenue Officer, but all the same, he was liable for enhanced land reven