SANJAY YADAV, J.

1. Heard. Order dated 8-2-2006 passed by Additional Commissioner is being assailed vide this petition; whereby while setting aside the order passed on 28-1-2002 by Collector, Mandla, the sale of land bearing Khasra No. 14 area 0.68 hectare, Khasra No. 1 area 1.23 hectare, Khasra No. 18 area 1.41 hectare, Khasra No. 162 area 0.60 hectare and Khasra No. 3 area 1.15 hectare, Patwari Halka No. 32, Village Khupsar by petitioners in favour of respondent No. 3 has been upheld.

2. Collector on the finding that the land in question being given on lease to respective petitioners in the year 1975-76, its transfer without seeking prior permission as contemplated under Section 165(7-b) of M.P. Land Revenue Code, 1959 was void and, therefore, the sale was set aside.

3. Reversing the order, Additional Commissioner found that the lease being granted in years 1975-76 and the transfer being effected in the year 1990, was not hit by Madhya Pradesh Land Revenue Code (Amendment) Act, 1992.

4. Amendment Act, 1992 inserted following sub-section (3) under Section 158:--

"3. Every person--

(i) who is holding land in Bhoomiswami right by virtue of a lease granted to him by the State Govern