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HIGH COURT OF MADHYA PRADESH
T.C. Shrivastava & G.P. Singh, JJ.
Govind Prasad Agrawal
Vs.
State of M.P. & others
M.P. No. 375 of 1964
Decided On : 28-3-1968
Where the order to be reviewed was passed before the 1964 amendment, the amendment is not relevant in respect of such order. [Para 3
(2) Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 - S. 6 (2) - orders passed under - may be reviewed under the 1959 Code - Land Revenue Code, 1959 (M.P.) - Ss. 51, 55 & 56.
(3) Land Revenue Code, 1959 (M.P.) - Ss. 51, 55 & 56 - orders passed under section 6 (2) of the M.P. Abolition of Proprietary Rights Act, 1950, prior to enforcement of the Code - may be reviewed under section 51 of the 1959 Code.
The word 'order' is defined in section 56 to include orders passed under any other law. Section 55 makes the provision of Chapter V, which contains section 51, also to apply "to all orders passed before the date of coming into force of the Code." This section dearly makes the power of review conferred by section 51 retrospective and read along with the definition of "order" in section 56, the power is available in respect of all orders made by any Revenue Officer under any law for the time being in force. The definition of "order" as given in section 56 applies to the whole of the Chapter and, therefore, that definition has to be read for construing the word "order" both in sections 51 and 55. Construed in that way the power conferred by section 51 can be exercised to review an order made under section 6 (2) of the Abolition of Proprietary Rights Act, 1950 even though the order was made before coming into force of the Code of 1959.
The Collector was competent to review on 28th March 1961 under section 51 of the 1959 Code, an order passed by a Deputy Commissioner on 14th may 1957 under section 6 (2) of the Abolition Act, even assuming that no review was permissible under the Abolition Act. [Para 4
(4) Land Revenue Code, 1959 (M.P.) - Ss. 51, 55 & 56 - nature of the powers of review - is a creature of statute - subsequent enactment giving power of review - when applies to orders passed under an Act not providing for a review - effect of sections 55 and 56 of the Code.
(5) Interpretation of Statutes - vested right of finality of an order - may be taken away by subsequent enactment - power of review.
(6) Land Revenue Code, 1959 (M.P.) - Ss. 55, 56 & 51 - scope of - order' passed under any enactment before enforcement of the Code - Chapter V made applicable to such order - orders passed under the M.P. Abolition Act, 1950, before the enforcement of the Code - may be reviewed under section 51 of the Code.
It is true that a power of review does not exist unless it is conferred by statute and ordinarily a statute conferring such a power will not apply to orders previously made. But Legislature is competent to affect the finality of orders by making retrospective provision for review and if that is done either in express terms or by necessary implication, the objection against retrospective construction cannot prevail.
Section 55 of the M.P. Land Revenue Code, 1959, makes the provisions of Chapter V of the Code applicable to orders passed before the date of coming in to force of that Code. Section 56 defines 'order' as including any orders passed under any other law. Thus, assuming that orders under section 6 (2) of the Abolition Act, were not open to review under that Act, the finality is taken away by the provisions, and such orders may be reviewed under section 51 of the 1959 Code. [Para 4
(7) Land Revenue Code, 1959 (M.P.) - S. 51 (2) - error apparent on the face of the record - what is.
Where the Deputy Commissioner validated a lease given by the sarbarkar of a temple, and the order was passed on assumption that the sarbarakar had the authority to grant such lease, while from the record it was clear that he had no such authority, this is a mistake apparent on the face of the record and the order could be reviewed. [Para 5
Singh, J.
l. This petition under Article 226 of the constitution arises on the following facts. Village Shankar Nagar in Raipur district was a proprietary village, its proprietor being a temple, Shri Ramchandra Swami Mandir. One Radheshyam Dube acting as the sarbarkar of the temple transferred 70.27 acres of land of the village on permanent lease to the petitioner Govind Prasad by two registered lease deeds executed on 28th and 29th March 1951 for a consideration of Rs. 6,800. The Madhya Pradesh Abolition of Proprietary Rights Act, 1951 came into force on 26th January, 1951 and the proprietary rights in the village were abolished from 31st March 1951 which was notified as the date of vesting. By sub-section (1), section 6 of the Act all transfers made by proprietors after 16th March, 1950 became void from the date of vesting. Jurisdiction was, however, conferred by sub-section (2) on the Deputy Commissioner to declare that a transfer shall not be void if he was satisfied that it was made in good faith and in ordinary course of village management. On 20th January 1954 the petitioner made an application under section 6 (2) for validation of the lease made in his favour. This application was ultimately allowed by the Deputy Commissioner on 14th May 1957 and the leases were declared to be valid. The Collector, Raipur by his order dated 28th March, 1961, reviewed the order of the Deputy Commissioner and set it aside. The result was that the leases in favour of the petitioner became void under section 6 (1) of the Act. The power of review was exercised under Section 51 of the Madhya Pradesh Land Revenue Code, 1959. The petitioner went in appeal to the Commissioner and the Board of Revenue but, the appeals were dismissed and the order of the Collector was confirmed. The petitioner then filed this petition for quashing the orders of the Collector, the Commissioner and the Board of Revenue.
2. The first contention raised on behalf of the petitioner is that there is no power to review an order passed under section 6 (2) of the Abolition of Proprietary Rights Act and, therefore, the order of the Deputy Commissioner passed on 14th May, 1957 validating the leases was not open to review. It is pointed out that section 51 of the Madhya Pradesh Land Revenue Code, 1959 which provides for review of orders passed by revenue officers had no application as the order of the Deputy Commissioner was passed in 1957 before the Code came into force.
3. It is necessary first to notice the relevant statutory provisions. Section 6 of the Madhya Pradesh Abolition of Proprietary Rights Act, 1950 reads as follows:
"(1) Except as provided in sub-section (2), the transfer of any right in the property which is liable to vest in the State under this Act made by the proprietor at any time after the 16th March, 1950 shall, as from the date of vesting, be void.
(2) Where on the application of the transferor or the transferee, the Collector is satisfied that any transfer of property referred to in sub-section (1) was made by a proprietor in good faith and in the ordinary course of village management, he may declare that the transfer shall not be void after the date of vesting." The revenue officers now known as Collectors were previously designated as Deputy Commissioners in the Mahakoshal region. Uniformity was brought about by para. 4-A of the Madhya Pradesh Adaptation of Laws Order, 1956 (introduced by an amendment in 1957) and the word 'Collector' was substituted in all enactments, including the Abolition Act, for the expression Deputy Commissioner. The Madhya Pradesh Land Revenue Code of 1959 came into force from 1st October, 1959. Section 51 of the Code which provides for review reads as follows:
"51 (1) The Board and every Revenue Officer may, either on its/his own motion or on the application of any party interested, review any order passed by itself/himself or by any of its/his predecessors in office and pass such order in reference thereto as it/he thinks fi
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