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1985 Supreme(MP) 537

J.S.VERMA, B.M.LAL
DHIRENDRA NATH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
M.V.TAMSKAR, S.L.SAXENA, Y.S.DHARMADHIKARI

J. S. VERMA, A. C. J.

( 1 ) THE challenge made in this petition is to the constitutional validity of S. 170-A and S. I70-B of the M. P. Land Revenue Code, 1959 (hereinafter referred to as the Code) as well as the notification No. F-16-1-81-II-XXV, dated 15th April 1981 (Annexure-A) issued by the Governor of Madhya Pradesh in exercise of the powers conferred by sub-para (1) of para 5 of the Fifth Sch. to the Constitution of India. This order shall also dispose of the entire batch of petitions in which the validity of these provisions has been challenged on account of which all these petitions were heard together.

( 2 ) THE history of legislation together with the relevant provisions may be stated at the outset. The M. P. Land Revenue Code, 1959, came into force with effect from 2-10-1959. Section 165 relates to rights of transfer and in sub-sec. (1) it says that a Bhumiswami may transfer any interest in his land subject to the other provisions of this section and the provisions of S. 168. Section 168 deals with leases and restricts the grant of lease by a Bhumiswami beyond the period specified except by a Bhumiswami belonging to one of the specified categories, for example, a widow,


























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