HELEN WALLIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner in this writ petition has assailed the permission Annexure K, granted by the Commissioner, Bhopal Division, Bhopal for prosecuting the petitioner u/S. 39 of the M. P. Vinirdishta Bhrashta Aacharan Nivaran Adhiniyam. 1982 (hereinafter in short referred to as "Adhiniyam").

(2.) It is averred in the writ petition that the petitioners are citizens and residents of Bhopal and recorded as Bhumiswami of certain lands situated at village Koh-e-Fiza. Tehsil Huzur, district Bhopal. The disputed land was initially owned by Begum Sajida Sultana and by a registered gift deed Annexure-adated 16-6-1970 entire disputed land was transferred. Proceedings under the M. P. Ceiling on Agricultural Holding Act. 1960 were initiated against Begum Sajida Sultana wherein the said gift deed has been examined and has been found valid by the Board of Revenue as per order Annexure-B. Begum Ayesha Sultana executed a sale-deed dt. 11-11-1980 to Mrs. Rasik Nagin Shah and on 31-7-1982 Mrs. Rasik Nagin shah transferred the said land to the petitioners. On 9-9-1976 the Urban Land Ceiling Act had come into force in the State of Madhya Pradesh, therefore, Begum Ayesha Sultana who was recorded as Bhumiswami, submitted her return to the Competent Authority under Urban Land Ceiling Act., and in the master plan, the land use of the said land is shown as "Lake Front (AmodPramod"). Looking to the land use of the existing land the Urban Land Ceiling Authority vide order Annexure-E dt. 14-9-1988 closed the Urban Land cCeiling case because Urban Land Ceiling Authority held that it is not vacant land. Name of the petitioner was recorded as Bhumiswami vide order Annexure-F dated 12-1-1982 and was recorded in the subsequent revenue papers.

(3.) Petitioner further submits that after the petitioners have been recorded as Bhumiswami, the petitioners on different date by registered sale deeds transferred part of their land to different persons as per the statement of said transaction Annexure- H. Purchasers have been recorded as Bhumiswami in record. Petitioner submits that the provisions of Madhya Pradesh Vinirdishta Bhrast Aacharan Nivaran Adhiniyam. 1982, provides for prosecution of an agriculturist who transfers agricultural land to another person for agriculture purpose and it violates Articles 14 of the Constitution of India. Section 26 of Adhiniyam prohibits partition of ones own holding whereas partition is provided u/S. 178M. P. Land Revenue Code 1959. Petitioner has been ordered to be prosecuted for violation of M. P. Vinirdishta Bhrast Aacharan Nivaran Adhiniyam. 1982. It is alleged that permission has been granted ex parte. No enquiry has been conducted. Petitioners are agriculturist. There is no law which prohibits transfer of 0.25 decimal or 0.35 decimal areas of an agricultural land to anyone. Petitioners are not responsible for further activities if any, that takes place on the said land after it is transferred. If the purchaser violates any rule or law of the State then action may be started against said purchaser alone, but not against the sellers/petitioners. Land has been sold by the petitioner in the form of agriculture land. Hence, petitioner cannot be prosecuted for violation of the Adhiniyam of 1982.