Khanwilkar, C.J. 1. By this writ petition, under Article 226 of the Constitution of India, the petitioner has essentially challenged the public notification issued by the Governor to amend the M.P. Land Revenue Code, 1959 (hereinafter referred to as “the Code of 1959”), introducing Sub-section (6-a) in section 165 of the Code of 1959, in particular.

2. The petitioner is a coloniser and develops lands into housing societies/residential plots. The petitioner after developing the land transfers it to third parties. Admittedly, the lands purchased by the petitioner are situated in scheduled area. The petitioner, therefore, applied to the Collector for permission to transfer the developed lands to third parties. The petitioner is admittedly a Non-tribal and intends to transfer the developed land to Non-tribals. According to the petitioner, section 165(6-a) of the Code of 1959 can have no application to such transactions. The said provision ought to apply only to transactions between Tribal to Non-tribal. The petitioner further asserts that, assuming that the interpretation of section 165(6-a) would mean that it can apply also to transactions in respect of lands situated in scheduled area between Non-tribal to Non-tribal, in that case, the provision will have to be held as ultra vires the Constitution of India. Inasmuch as, as per Article 244(1), which is in Part X of the Constitution, the provisions of Fifth Schedule would apply to the Administration and Control of the Scheduled Areas and Scheduled Tribes in the specified States. Fifth Schedule has been made with reference to Article 244(1) of the Constitution of India. Paragraph 5 of the Fifth Schedule, according to the petitioner can be invoked by the Governor only in respect of land transactions between Tribal and Non-tribal in the Scheduled Areas and not to transactions between Non-tribal and Non-tribal.

3. To examine this argument, we may usefully refer to paragraph 5 of the Fifth Schedule of the Constitution, which reads, thus :-

“5. Law applicable to Scheduled Areas -

(1) Notwithstanding anything in this Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.

(2) The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.

In particular and without prejudice to the generality of the foregoing power, such regulations may -

(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;

(b) regulate the allotment of land to members of the Scheduled Tribes in such area;

(c) regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.

(3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.

(4) All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect.

(5) No regulation shall be made under this paragraph unless the Governor making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council.” (emphasis supplied)

On a conjoint reading of the above provision, it is obvious that the Governor is authorised to repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the Schedul