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PRANAY VERMA
Prahlad – Appellant
Versus
State of M. P. – Respondent
ORDER
1. By this petition preferred under Article 226 of the Constitution of India the petitioners have challenged the order dated 24.12.2019 passed by the Additional Commissioner, Ujjain Division, Ujjain.
2. As per the petitioners, their predecessor Sitaram Prajapati applied under section 59 read with section 172(1) of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code') for diversion of his agricultural land situated at Neemuch city to purpose other than agriculture i.e. commercial. He died on 18.2.2019 after which they have been substituted. The Sub-Divisional Officer, Neemuch by order dated 18.4.2017 assessed the land revenue of the land to the tune of Rs.28,671/- per annum liable to be paid from the year 2011- 2012. The premium of land for commercial purpose was fixed at Rs.1,43,352/- in terms of section 59(5) of the Code and penalty amounting to Rs.1,43,352/- was also imposed under section 172(4) thereof.
3. Being aggrieved by the order aforesaid, Sitaram preferred an application before the Sub Divisional Officer for review which was dismissed by order dated 18.8.2017. Being aggrieved, Sitaram preferred an appeal under section 44(1) of the Code before the Additio
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
The right to avail the remedy of revision under Section 333 of the Act of 1950 survives the repeal of the Act of 1950 and, therefore, the revision is maintainable.
The court affirmed that transactions predating the Madhya Pradesh Land Revenue Code are not subject to its provisions, and the power of review cannot be exercised beyond the limitation period.
The U.P. Revenue Code, 2006 applies to areas under Nagar Panchayats, and the availability of a statutory alternative remedy precludes the entertainment of a writ petition.
The court affirmed that the provisions of Section 170-B of the MPLR Code protect the land rights of aboriginal tribes, and Civil Courts lack jurisdiction over matters exclusively under the MPLR Code.
Amendments to land revenue legislation confer Bhumiswami rights retrospectively, necessitating compliance for valid land transfers; sales executed without required permissions are null and void.
The main legal point established in the judgment is that the proceedings under the Land Revenue Act are summary in nature and governed by their own procedural provisions, and the general procedural r....
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