IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 11 OF DECEMBER, 2024 WRIT PETITION No. 39448 of 2024 NANJIRAM AND OTHERS Versus THE COLLECTOR AND OTHERS Appearance:

Shri Aviral Vikas Khare - advocate for the petitioners.

Shri Rajwardhan Gawde appearing on behalf of Advocate General.

ORDER

1] This petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:-

"a. Appropriate Writ, Direction or order in the nature of mandamus or other, the impugned order dated 07.10.2024 passed by the Respondent No.2, be quashed.

b. Appropriate Writ, Direction or order in the nature of mandamus or other, the impugned order dated 04.12.2023 passed by the Respondent No.2, be quashed.

c. Appropriate Writ, Direction or order in the nature of mandamus or other, the Petitioners be directed to carry out mutation in record of rights in pursuance of the sale deed (Annexue P/6) duly executed in respect of land in question.

d. Appropriate Writ, Direction or order in the nature of mandamus or other, the Respondents be directed to correct the entry in the records of rights thereby notifying the land as transferable without permission u/sec 165(7-b) of M.P. Land Revenue Code, 1959.

e.Cost of this petition be awarded.

f. Any other appropriate relief, which this Hon'ble court may deem fit,be awarded to the petitioner."

2] The petitioners are aggrieved by the order dated 07/10/024 passed by the Additional Commissioner, Indore as also the order dated 04/12/2023 passed by the Collector. Vide order dated 04/12/2023, the Collector has denied the prior permission for transfer of land under Section 165(7-b) of the M.P. Land Revenue Code, 1959 (hereinafter referred to as “the Code of 1959”) which has been affirmed by the Commissioner vide order dated 07/10/2024.

3] Counsel for the petitioners has drawn the attention of this Court to the order passed by this Court in W.P. No.1117/2021 in the case of Bharat Singh Signature Not Verified and another vs. State of M.P. and others, whereby, while relying upon the decision rendered by the Division Bench of this Court in the case of State of M.P. through Principle Secretary, Department of Revenue and another vs. Adhunik Grih Nirman Sahkari Samiti reported as 2024 SCC Online MP 1752, the petition has been allowed as in the aforesaid case also, the issue was that whether s.165(7-b) of the Code of 1959 shall be applicable on the Bhumi Swami rights conferred even before coming into force of amendment incorporating the said section.

4] Counsel for the State, on the other hand has opposed the prayer, however, it is not denied that the order passed by the Division Bench at Gwalior in the case of Adhunik Grih Nirman Sahakari Samiti (supra) has already attained the finality wherein it is held that the Bhumi Swami rights conferred before amendment shall not be affected by amending provision of Section 165(7-b)

of the Code, thus, requiring no prior permission for transfer.

5] Heard. On due consideration of submissions and on perusal of the documents filed on record as also the decisions relied upon, this Court finds that so far as the order passed by this Court in the case of Bharat Singh and another (supra) is concerned, the relevant paras of the same read as under:-

3] Counsel for the petitioners has submitted that the aforesaid dispute involved in the case regarding applicability of Section 165(7-b) of MPLRC, 1959 has already been tackled by co-ordinate Bench of this Court in the case of Adhunik Grih Nirman Sahkari Samiti Maryadit vs. State of M.P. & Another reported in 2013 Revenue Nirnay 8 whereby this Court has opined that Section 165(7-b) cannot be applied retrospectively. Counsel has also relied upon another judgment of the co- ordinate Bench of this Court delivered by Justice Shri J.K. Maheshwari, as his Lordship then was in W.P. No.17127/2016 and other connected petitions, the relevant paras of the same reads as under:-

“13. Thereafter