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SUBODH ABHYANKAR
Dinesh Kumar – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This misc. petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 14.9.2021, passed in Case No.42(0021)/Revision/2020-21 by the Commissioner, Ujjain Division, Ujjain (M.P.) whereby the Commissioner while exercising his suo motu revisional power under section 50 and section 32 of the M.P. Land Revenue Code, 1959 (hereinafter referred to as ‘Code of 1959’), has set aside the order passed by the Additional Collector, Ratlam dated 21.3.2018, by which, the permission under section 165(6) of the Code of 1959 for sale of the land of respondents No.2 to 5 was granted and subsequently the registered sale deed was also executed on 26.3.2018.
2. In brief, the facts of the case are that the petitioner is a resident of Ratlam and had purchased the land bearing survey No.47/8, 47/9, 47/12, 47/14, 47/19 and 47/2 admeasuring 4.440 hectare, situated at village Bhatibhadodia, Tehsil and District Ratlam, through a registered sale deed dated 26.3.2018. The aforesaid lands were purchased by the petitioner from respondents No.2 to 5 who belong to aboriginal tribe of the area. The sale deed was executed after taking permission as provided
The main legal point established in the judgment is the requirement for permission from the Collector for the transfer of government land, as stipulated in Section 165(7-b) of the Land Revenue Code, ....
Sale deeds executed without prior permission under Section 50-B of the Hyderabad Tenancy Act are invalid and cannot be regularized post facto.
The power to initiate proceedings under Section 9 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 is subject to the principles of natural justice and the requirement....
The main legal point established in the judgment is the limitation period for exercising suo-motu revisional power and the validity of a sale deed executed without permission from the Collector.
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