SUB DIVISIONAL OFFICER MANDLA Vs. PIRMA GOND

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Madhya Pradesh High Court.

(2.) Respondent No 1 a proprietor of village Jhulpur was the owner of the Tank covering an area of 9.21 acres situate in Khasra No. 403. In the wazibularz in operation at the material time it was recorded that the villagers could use the water of the Tank for drinking purposes and the proprietor respondent No. 1 was agreeable to their doing so. The Madhya Pradesh Abolition of Proprietary Rights) Estates, Mahals. Alienated Lands) Act, 1950 hereinafter referred to as the "Act" came into force on March 31, 1951. Section 3 provided for vesting of proprietary rights in the State and Section 4 dealt with the consequences of the vesting. Under Section 5 certain properties were to continue to remain in possession of the proprietor or other persons An application was made by respondent No. 1 on July 7, 1955 under Section 5 of the Act to the Nistar Officer, Mandle on which the following order was passed :

(3.) The grounds taken in the petition, inter alia, were that the tank had already vested in the State under the Act and it was not covered by the provisions of the Revenue Code. Moreover no proper enquiry bad been made under Section 251 of the Revenue Code. The High Court, by its judgment dated March 6, 1964, upheld the contention of respondent No 1 and it was also found that he had not been afforded a proper opportunity as envisaged under sec, 251 of the Revenue Code.