BHAIJI Vs. SUB DIVISIONAL OFFCER THANDLA

JUDGEMENT

(1.) The M. P. Land Revenue Code, 1959 (Act no. 20 of 1959) was enacted by the legislative assembly of Madhya Pradesh to consolidate and amend the law relating to land revenue, the powers of revenue officers, rights and liabilities of holders of land from the state government, agriculture tenures and other matters relating to land and the liabilities incidental thereto in madhya Pradesh. There were different laws relating to land revenue, land tenure and other matters touching thereto prevalent in the different regions of the state and the legislature considered it desirable that there should be one uniform law enacted for whole of the state. There are tribal land holders in many regions of the state of madhya Pradesh. The Code took care to enact some special provisions taking special care of protecting the interest of such tribals.

(2.) In the year 1980, the state legislature enacted the Madhya Pradesh Land revenue Code (Amendment) Act 1980 (Act no. 59 of 1980) whereby certain amendments were incorporated and a few new provisions were inserted into the body of the Code. One such amendment is the insertion of section 170-B which read as under: -

(3.) The land forming subject matter of these proceedings was owned by Bhikala and thanwaria who are members of a tribe which has been declared to be an aboriginal tribe under sub-section (6) of section 165 of the Code as contemplated by section - 170-B (. 1). The appellant too claims to be a similar aboriginal tribal. It appears that the land was sold by the aboriginal tribal bhumiswamis through registered sale deeds and it came to be purchased by the appellant. All these transactions have taken place between 2nd October 1959 and the date of the commencement of the amendment Act of 1980, meaning thereby, during the period attracting applicability of section 170-8 (1). The appellant did not furnish the information in the form and in the manner prescribed within the period of two years. In the year 1982-83, the sub- divisional officer, Thandla Petlawad, distt. Jhabua, within whose jurisdiction the land is situated, initiated proceedings under section 170-B of the Code by calling upon the appellant to show cause in response to the notice issued by the SDO. Soon on service of the notice the appellant filed a writ petition in the High Court of Madhya pradesh submitting that the appellant and the vendor bhumiswamis, both being aboriginal tribals notified under section 165 (6) of the Code, the applicability of section 170-B was not attracted and therefore the notice issued by the SDO was illegal, uncalled for and without any authority in law. The challenge has been rejected by the High Court.