A land transfer without Collector permission is invalid under statutory provisions, affirming the need for compliance with regulatory frameworks.

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 provisions under Section 165 (7-b). Collector Shahdol took cognizance in suo moto revision and set aside order of settlement dated 11.08.1986. Said order of Collector dated 28.01.2017 was challenged in revision before Board of Revenue which was remanded to Commissioner for decision. Commissioner considered Section 4 of Madhya Pradesh Krishi Prayojan Ke Liye Upyog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upbandh) Adhiniyam, 1984, Section 165(7-b) of the MADHYA PRADESH LAND REVENUE CODE , 1959 and Section 158(3) of M.P. Land Revenue Code. Section 4 of Madhya Pradesh Krishi Prayojan Ke Liye Upyog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upbandh) Adhiniyam, 1984 and Section 165(7-b) and 158(3) of M.P. Land Revenue Code, 1959 are reproduced as under:-

" Section 4 . Transfer or diversion not permissible.- The agricultural labourer who becomes Bhoomiswami under section 3 shall, notwithstanding anything contained in the Code, not be entitled to transfer the said land to nay other person or to divert it for any other purpose."

Section 165[(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 Bhoomiswami 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 Bhoomiswami 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.]

Section 158 [(3) Every person-​

(i)who is holding land in bhumiswami right by virtue of a lease granted to him by the State Government or the Collector or the Allotment Officer on or before the commencement of the MADHYA PRADESH LAND REVENUE CODE (Amendment) Act, 1992 from the date of such commencement, and

(ii) to whom land is allotted in bhumiswami right by the State Government or the Collector or the Allotment Officer after the commencement of the MADHYA PRADESH LAND REVENUE CODE (Amendment) Act, 1992 from the date of such allotment, shall be deemed to be a bhumiswami in respect of such land and shall be subject to all the rights and liabilities conferred and imposed upon a bhumiswami by or under this Code :]

[Provided that no such person shall transfer such land within a period of ten years from the date of lease or allotment and thereafter may transfer such land with the permission obtained under sub-section (7-b) of section 165.]"

Commissioner Shahdol relying on aforesaid provisions affirmed the order passed by Collector in revision and dismissed revision vide its order dated 26.07.2021.

3. Counsel appearing for petitioner submit