RAGHUBAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE Division Bench has referred this case to a Full Bench for decision of the Writ Petition without framing any specific question for the opinion of the Full Bench. Therefore, we propose to decide the entire matter by resolving the conflict of views as indicated in the order of reference.

(2.) THE facts loading to the present reference are as follows: In this petition under articles 226 and 227 of the Constitution of India, the petitioner seeks a Writ of certiorari in respect of the orders of the Revenue Courts (Exs. P/l to P/4) holding that the tanks recorded as Khasra Nos. 461 and 542 in village Gorra had vested in the State by virtue of Section 251 of the M. P. Land Revenue Code, 1950.

(3.) PRIOR to the merger of the Chhattisgarh States into the old Central Provinces, the petitioner was a Gaonthia and a protected Thekedar of village Gorra and his rights were governed by the Raigarh State Wajib-ul-arz. Subsequent to the merger of the Raigarh State into the old Central Provinces, the petitioner's rights were governed by the Central Provinces, (Merged States) Land Tenure Order, 1949. That Land Tenure Order of 1949 was repealed by the M. P. Land Revenue Code, 1954, which came into force with effect from 1-10-1955. Thereafter that Act was repealed and was replaced by the M. P. Land Revenue Code, 1959, which came into effect from 2-10-1959. In the meantime, the proprietary rights were abolished by enactment of the M. P. Abolition of Proprietary Rights Act. 1950, and certain rights in tanks were saved in favour of the exproprietors by virtue of section 5 (a), Section 5 (f) and Section 5 (g) of the said Act. The petitioner's contention throughout, in the Revenue Courts and in the present Writ Petition, has been that Section 251 of the M. P. Land Revenue Code. 1959, is inapplicable in the present case. Therefore, we are required to consider the question as to what the legal position was subsequent to the coming into force of the M. P. Abolition of proprietary Rights Act, 1950.-- (1 of 1951), according to which, the date of vesting was 31st of March, 1951. It is not necessary to consider the question of the petitioner's rights prior to that date.