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Summary of Madhya Pradesh Land Revenue Code Section 170-B(3)
- Section 170-B(3) Overview
This section pertains to the reversion of land belonging to members of aboriginal tribes when transferred improperly, often due to fraud or illegalities. It empowers authorities to order the return of such land to the original owner or tribe, subject to compliance with prescribed procedures, including notices and inquiries.
References: - Paras 12-15 Makhan Gir Mahant VS State of M. P. - Madhya Pradesh
- Paras 2, 3, 4, 11, 14, 16 Makhan Gir Mahant VS State of M. P. - Madhya Pradesh
- Paras 1-2 Laxmi Prasad VS Gajadhar Prasad - Madhya Pradesh
- Paras 2-3 Jagat Ram (Died) By L. Rs. VS Chairman Board of Revenue - Chhattisgarh
- Paras 2-3, 11, 14 01000011695
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Paras 2, 3, 4, 11, 14, 16 Jagat Ram (Died) By L. Rs. VS Chairman Board of Revenue - Chhattisgarh
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Legal Procedure and Requirements
The law mandates a proper enquiry and show cause notice before reversion, ensuring due process. Courts have emphasized that reversion under Section 170-B requires a detailed investigation into the legality of transfers, especially in cases involving tribal land and fraud.
References: - Paras 2-3, 11, 14, 16 01000011695
- Paras 2-3 Jagat Ram (Died) By L. Rs. VS Chairman Board of Revenue - Chhattisgarh
-
Paras 12-15 Makhan Gir Mahant VS State of M. P. - Madhya Pradesh
-
Application and Eligibility
Heirs or claimants of the original tribal members, especially when the transfer was illegal, can apply for possession of the land. They must accept liabilities such as land revenue arrears, and their claims are subject to proper legal scrutiny.
References: - Paras 2, 3, 4, 11, 14, 16 Laxmi Prasad VS Gajadhar Prasad - Madhya Pradesh
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Paras 2-3 Jagat Ram (Died) By L. Rs. VS Chairman Board of Revenue - Chhattisgarh
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Judicial and Administrative Decisions
Courts and revenue authorities have upheld the validity of actions taken under Section 170-B, provided procedural safeguards are followed. Cases involving fraud, illegal transfer, or improper alienation have led to land reversion to original owners or tribes.
References: - Paras 12-15 Makhan Gir Mahant VS State of M. P. - Madhya Pradesh
- Paras 2-3, 4, 11, 14 01000011695
- Paras 2-3, 4 Jagat Ram (Died) By L. Rs. VS Chairman Board of Revenue - Chhattisgarh
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Paras 64, 147, 155, 170-B Smt.bai And Ors. vs Ratan Singh And Ors. - Chhattisgarh
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Amendments and Related Laws
The 1980 amendments and related legal provisions, such as Sections 165(6) and 50, support the procedures under Section 170-B, reinforcing the authority of revenue officers to act in cases of illegal transfers and fraud.
References: - Paras 3, 4 Jagat Ram (Died) By L. Rs. VS Chairman Board of Revenue - Chhattisgarh
- Paras 64, 147, 155, 170-B Smt.bai And Ors. vs Ratan Singh And Ors. - Chhattisgarh
Analysis and Conclusion
Section 170-B(3) of the Madhya Pradesh Land Revenue Code, 1959, provides a legal mechanism for the reversion of land transferred unlawfully from tribal members, especially in cases involving fraud. Proper procedural safeguards, including notices and inquiries, are essential to uphold the rights of claimants and ensure lawful reversion. Courts have consistently upheld actions under this section when procedural requirements are met, emphasizing the importance of transparency and due process. This section thus plays a crucial role in protecting tribal land rights and rectifying illegal transfers.
References:
- Paras 12-15 Makhan Gir Mahant VS State of M. P. - Madhya Pradesh
- Paras 2, 3, 4, 11, 14, 16 Laxmi Prasad VS Gajadhar Prasad - Madhya Pradesh
- Paras 2-3, 11, 14 Jagat Ram (Died) By L. Rs. VS Chairman Board of Revenue - Chhattisgarh
- Paras 2-3, 4, 11, 14 01000011695
- Paras 64, 147, 155, 170-B Smt.bai And Ors. vs Ratan Singh And Ors. - Chhattisgarh
Search Results for "Madhya Pradesh Land Revenue Code s 170 B 3"
2011 0 Supreme(MP) 828 • India - Madhya Pradesh
SANJAY YADAV
[Paras 12 to 15 ... (2) Madhya Pradesh Land Revenue Code, 1959 -- Ss. ... Pradesh Land Revenue Code, 1959 -- Ss. 170-B (3) and 165 (6) -- permission of transfer granted by Collector -- transfer by member ... krA , vkb vkj 1963 ,l lh 1572 fufnZ"VA ¼iSjk 12 ls 15 ... (1) Madhya ... Reversion of land of members of original tribe which was transferred by fraud -- (....
1967 0 Supreme(MP) 20 • India - Madhya Pradesh
P.V.Dixit, R.J.Bhave
(1) Land Revenue Code, 1959 (M.P.) - Ss.170 & 165 (4) (b)Rr. 5 & 7-who may apply under section 170-remoter heir when may be placed ... Land Revenue Code, 1959, any heir can apply for being put in possession of the property transferred in contravention of section 165 ... What is required under the provision is that the applicant or any other claimant must accept the liability for arrears of land revenue ... The same....
2017 0 Supreme(Chh) 639 • India - Chhattisgarh
SANJAY K.AGRAWAL
Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 - Chhattisgarh Land Revenue Code, 1959 - Section ... purchased the land bearing Kh.No.461/3 area 0.34 acre by registered sale deed petitioner-Nain Singh purchased the land bearing Kh.No ... mandated in Section 170-B (1) of the Code and the judgment of a Division Bench of this Court in Yadram (supra). ... Rev....
2025 Supreme(Online)(Chh) 6422 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Rakesh Mohan Pandey, J
(A) Chhattisgarh Land Revenue Code, 1959 - Sections 64, 147, 155, and 170-B - Madhya Pradesh Excise Act - Recovery of Government ... legal authority and was tainted by fraud, leading to the reversion of land to the original owners. ... The land was originally owned by the late Rekha Singh, who was a surety for an excise contract. ... It was also observed that being a case of fraud, the proceeding under Section 170-B of the #HL_START....
2024 Supreme(Online)(MP) 2747 • India - High Court of Madhya Pradesh
SHRI JUSTICE MANINDER S. BHATTI, J
(A) Madhya Pradesh Land Revenue Code - Sections 165 and 170-B - Quashment of order regarding alienation of land - The petitioner ... (Paras 2, 3, 4, 11, 14, 16Madhya Pradesh Land Revenue Code (hereinafter referred to as MPLRC cast upon a duty on the person who is in possession of the agricultural land belonging to a member of tribe on the date ....
2007 0 Supreme(Chh) 266 • India - Chhattisgarh
SATISH K.AGNIHOTRI
Land Revenue Code - Agricultural Land - Section 170-B of the Madhya Pradesh Land Revenue Code, 1959 - The court discussed the ... provisions of Section 170-B of the Code, 1959, which deals with the reversion of land of members of aboriginal tribe which was transferred ... , and the necessity of show cause notice and enquiry even in cases governed by sub-section ....
2007 0 Supreme(Chh) 265 • India - Chhattisgarh
SATISH K.AGNIHOTRI
The court discussed Section 170-B of the Madhya Pradesh Land Revenue Code, 1959, which deals with the reversion of land of members ... Article 226/227 - Land Revenue Code - Section 170-B - Summary of the acts and sections referenced and discussed by the court: ... It emphasized the necessity of proper enquiry and show cause notice before reversion of land under Section ....
2013 0 Supreme(Chh) 52 • India - Chhattisgarh
T.P.SHARMA
Land Revenue Code, 1959 –Held, Legislature has empowered the Sub-Divisional Officer to pass an order of return of land to the original ... Land Revenue Code, 1959 – Section 170B – Section 165 (6) – Petition the petitioner seeks to invoke supervisory jurisdiction• in terms ... Appeal and the order passed by the Sub Divisional Officer (R), Mahasamund in Revenue Case whereby the Sub Divisional Officer has ... Reversion of land of membe....
1973 0 Supreme(MP) 101 • India - Madhya Pradesh
A.P.SEN, G.G.SOHANI
(1) Land Revenue Code, 1959 (M.P.) - S. 47 - limitation - is procedural law - applies to all orders passed after the enforcement ... Land Revenue & Tenancy Act was in force - is that provided in section 47. ... Land Revenue & Tenancy Act, 1950, the order of the Tahsil Court was passed after the enforcement of the Code, that is, on 31-12-1966 ... Now, the Madhya Pradesh Land Revenue#HL_EN....
2013 0 Supreme(MP) 137 • India - Madhya Pradesh
Sanjay Yadav
Revenue Code, 1959 (M.P.) -- Ss. 170-B, 165 (6) and 50 -- land held by member of aboriginal tribe -- transferred in name ... possession in favour of member of aboriginal tribe -- concurrent findings of Court belows -- findings rightly upheld by Board of Revenue ... ¼1½ Hkw&jktLo lafgrk] 1959 ¼e-Á-½ & /kkjk 170&[k] 165 ¼6½ rFkk 50 & vkfne tutkfr ds lnL; }kjk /kkfjr Hkwfe ... , has been affirmed and the action taken by Sub Divisional Officer under section 170-B....
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