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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL DHAGAT
Mo. Ateek – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. outline of factual background and land ownership. (Para 1 , 2) |
| 2. arguments regarding legality of orders and ownership. (Para 3 , 4) |
| 3. court's reasoning surrounding land transfer laws. (Para 5 , 6 , 7) |
| 4. final ruling and order set aside. (Para 8) |
ORDER :
VISHAL DHAGAT, J.
1. Petitioner has filed this petition under Article 226 of the Constitution of India challenging order dated 26.07.2021 passed by Commissioner, Shahdol Division, Shahdol in Revision No.0044/2019-20.
2. Brief facts of the case is that land bearing Khasra No.807 measuring 0.45 acre situated in Village Maiki, Tehsil Sohagpur, District Shahdol was of State Government. Said land was settled in favour of one Siddharth Kumar Mishra by Tehsildar Sohagpur in Case No.56/A-19(4)/1983-84. Registered sale deed was executed in favour of petitioner by Siddharth Kumar Mishra on 16.03.2004. Said land is said to have been sold to petitioner namely Mohd. Ateek without seeking permission from Collector under Section 165(7-b) of the MADHYA PRADESH LAND REVENUE CODE , 1959. Respondents No.4 to 6 were in possession of said land. Respondents No.4 to 6 filed an application before Tehsildar Sohagpur regarding violation of pro
A land transfer without Collector permission is invalid under statutory provisions, affirming the need for compliance with regulatory frameworks.
The main legal point established in the judgment is that the transfer of land without prior permission from the Collector under section 165(7-b) of the Madhya Pradesh Land Revenue Code is void ab ini....
The main legal point established is that in notified scheduled areas, permission of the Collector is required for transferring land from a Scheduled Tribe to a non-tribal, as per Section 165(6) of M.....
The Additional Collector had jurisdiction to grant permission for land sale under Section 165(6) of the M. P. Land Revenue Code, 1959, and the High Court's interference was erroneous.
Land transfers by government lessees require prior approval from a Revenue Officer; transactions made without such consent are invalid.
A decision by an authority exercising discretionary power under a statute must be arrived at by taking into account the relevant considerations and eschewing the irrelevant considerations, in the abs....
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