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2014 Supreme(MP) 193

A.M.KHANWILKAR, K.K.TRIVEDI
Sudhakar – Appellant
Versus
State of M. P. – Respondent


Advocates:
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Avinash Zargar for petitioners; Samdarshi Tiwari,
Govt. Advocate for respondents/State.

ORDER

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 schedule







































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