( 1 ) THIS is a Writ petition under Arliclcs 226 and 227 of the Constitution of India by a purchaser of a house in the city of Bilaspur from the predecessor of the fourth respondent, by a registered sale deed, dated 26-9-1962. The predecessor of the fourth respondent, namely, Diwan Mahabir Sewak Singh, an ex-Zamin-dar, was a member of the scheduled tribe. The alienation was challenged by the third equivalent Citation: respondent under Section 170 of the M. P. Land Revenue Code, 1959, for avoiding the transfer, which Wits said to be in contravention of Section 165 (6) of the said code. It was alleged that the husband of the fourth respondent was a Malikmakbuza holder of a plot of 0. 05 acres of Nazul sheet No. 17 of Mohalla Dabripara in Bilaspur town, which he had sold to the petitioner by a registered sale deed and the alienation was liable to be avoided on the ground that the petitioner-purchaser was not a member of the scheduled tribe. It was also alleged in the application that no sanction of the Collector as required by Section 165 (6) of the M. P. Land revenue Code had been obtained and, therefore, the fourth respondent as an heir of the transferor was entitled to avoid the alienation and he prayed for being placed in possession of the house. What was sold was the house standing on the said plot by a registered sale deed for consideration of Rs 2. 500/-, which had been paid in full privately.

( 2 ) THE Sub-Divisional Officer dismissed the application holding that Section 165 or section 170 of the M. P. Land Revenue Code, 1959, was not applicable to Nazul land situated in an urban area and the transferor could not be said to be a bhumiswami, but was merely a holder of a Nazul plot from the Government. In this view of the matter, the application under Section 170 of the Code made by the third respondent, Bharatsing was held to be not maintainable (Petitioner's annexure-B ). Against that order, the third respondent filed an appeal before the collector, who, by order, dated 24-5-1963 (Petitioner's Anncxure-C) allowed the appeal holding that the application filed by the third respondent under Section 170 of the M. P. Land Revenue Code, 1959, was maintainable. A second revenue appeal was filed by the present petitioner before the Commissioner, Bilaspur division, who, by order, dated 26-11-1969 (Petitioner's Annexure-D) set aside the order of the Collector and restored that of the Sub-Divisional Officer. Against the said second appellate order, the third respondent, Bharatsingh filed a revision before the Board of Revenue, which, by order, dated 26-2-1971 (Annexure-E)allowed the revision and set aside the order of the Commissioner and restored that of the Collector holding that Section 165 (6) of the Code was applicable to Nazul plots situated in urban areas and for that reason, the third respondent's application under Section 170 of the Code was maintainable. In that view of the matter, the case was remitted to the Sub-Divisional Officer for deciding the application on merits. The present Writ petition has been filed against the revisional order passed by the Board of Revenue (Petitioner's Annexure-E ). Therefore, the question arises whether Section 165 (6) and Section 170 of the M. P. Land Revenue Code, 1959, are applicable to Nazul plots situated in urban areas. ( 3 ) BEFORE considering the question it may be relevant to reproduce Sections 165 (6) and 170 of the M. P. Land Revenue Code, 1959, which are as follows:-" section 165.-- Rights of transfer -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equivalent Citation: (6) Notwithstanding anything in Sub-section (1), of a Rhumiswami belonging to a tribe which has been declared to be an aboriginal tribe by the State Government by a notification in that behalf for the whol