JUDGMENT :

Rohit Arya, J.

1. The controversy involved in this writ petition under Article 226/227 of the Constitution of India revolves around the scope, limit and dimensions of the provision contained under section 165(7-b) of the Madhya Pradesh Land Revenue Code, 1959 (for short, 'the Code'). For ready reference the provision is quoted below:

"165. Rights of transfer.- (1) subject to the other provisions of this section and the provision of section 168 a bhumiswami may transfer any interest in his land.

… … …

(7-b) Notwithstanding anything contained in sub-section (1), a person who holds land from the State Government or a person who holds land in bhumiswami rights under sub-section (3) of Section 158 or whom right to occupy land is granted by the State Government or the Collector as a Government lessee and who subsequently becomes bhumiswami of such land, shall not transfer such land without the permission of a Revenue Officer, not below the rank of a Collector, given for reasons to be recorded in writing."

(Emphasis supplied)

and collaterally section 158(3) of the Code. The relevant provision is quoted below:

"158. Bhumiswami. (1) Every person who at the time of coming into force of th