IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA ON THE 21^st OF NOVEMBER, 2022 MISCELLANEOUS PETITION No. 3780 of 2022 BETWEEN:-

1. SMT. RAMPYARI W/O LATE KALLA ADIWASI OCCUPATION: MAZDOORI GRAM JHINGURA TEHSIL AND JILA SHIVPURI (MADHYA PRADESH)

2. DAYALU S/O LATE SHRI KALLA ADIWASI GRAM JHEENGURA, TEHSIL AND DISTRICT SHIVPURI (MADHYA PRADESH)

.....PETITIONERS (BY SHRI T. C. NARWARIYA- ADVOCATE )

AND THE STATE OF MADHYA PRADESH THR. COLLECTOR DISTRICT SHIVPURI (MADHYA PRADESH)

.....RESPONDENT (BY SHRI NIRMAL KUMAR SHARMA- GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

The present petition under Article 227 of the Constitution of India has been filed against the order dated 26th May, 2022 passed by Commissioner, Gwalior Division, Gwalior in Case No.0214/Appeal/2021-

22.

It is submitted by learned counsel for the petitioners that the Signature Not Verified Signed by: MAHENDRA petitioners are the owners of land in question along with one co-owner. The property is a self-acquired property and total area of the land is 17,000 sq.ft. As the property in question has come within the Municipal Area and the petitioners cannot cultivate the same, therefore, they want to sell out their share. It is further submitted that as the petitioners are owners of disputed property which is a self-acquired property and they assured that they will not claim any right by saying that they are Bhoomiswami. The petitioners have no any other source of income. It is further submitted that a report was called from Tahsildar wherein it is specifically stated by Tahsildar vide Annexure P4 that the property is a self-acquired property and the petitioners are the owners of the property. It is further submitted that the provisions of Section 165(6)(a) of MPLRC are made to protect the rights of aboriginal tribes and considering the safeguards of such persons, the Court is having jurisdiction to grant permission in regard to transfer of their self-acquired property for their benefits. Therefore, the petitioners are only seeking permission to sell out their share in accordance with law.

Counsel for the State opposed the contentions of the petitioners and it is submitted that as per the provisions of Section 165(6-a) of MPLRC, the agricultural land belonging to aboriginal tribe shall not be transferred or be transferable either by way of sale or otherwise without the permission of the Collector given for reasons to be recorded in writing. Hence, prayed for rejection of this petition.

Considering the arguments advanced by learned counsel for the parties, in the interest of justice, this petition stands disposed off with a Signature Not Verified Signed by: MAHENDRA direction to the Collector to take necessary steps in the matter in regard to granting permission to the present petitioners to sell out their share of the property in question in accordance with law keeping in view the provisions of MPLRC.

(RAJEEV KUMAR SHRIVASTAVA)

JUDGE MKB Signature Not Verified Signed by: MAHENDRA