PEMA Vs. GALIYA

JUDGEMENT

(1.) By this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the pregnability of the order passed by revenue authorities viz. Collector, Commissioner and Board of Revenue whereby the alleged transaction took place between the petitioner and one Galiya whose legal representatives are respondents l(a) to (e), was held to be illegal.

(2.) Sans unnecessary details the facts lie in a narrow compass that on 15-2-71 vide registered sale deed, Galiya sold his agriculture land in question (hereinafter referred to as the disputed land) to the petitioner Pema. It has not been disputed that the seller as well as the buyer are Adivasis meaning thereby they are the members of Aboriginal Tribe as envisaged under Section 170-B of the M. P. Land Revenue Code, 1959 (hereinafter referred to as the "Code").

(3.) In the year 1970-80 a Committee was formed in which the Revenue Inspector of the Circle was one of the members and that Committee examined different cases and ultimately, so far as this case is concerned, the Revenue Inspector gave his report indicating therein that though the land was sold by Galiya to the petitioner-Pema but the land was being possessed by Narwarsingh who is not a member of Aboriginal Tribe. On the basis of the report of the Revenue Inspector, the S.D.O. took cognizance of the matter and initiated the enquiry as contemplated under Section 170-B of the Code. The S.D.O. after holding the enquiry found that the transaction which took place was a valid transaction and is not hit by Section 170-B of the Code and it was further held that Narwarsingh is not in possession of the land in question and even if he is in possession, Galiya by taking recourse to Section 250 of the Code may obtain possession from him. The order passed by Sub-Divisional Officer is Annexure-P/3.