ATMARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners, three in number, are non-tribals. On the date of commencement of the M. P. Land Revenue Code Amendment Act, 1980, petitioners have been in possession of agricultural land which earlier belonged to members of a tribe declared during the relevant period, to be aboriginal tribe under S.165(6) of the M. P. Land Revenue Code (hereinafter referred to as Code for short). Sub-section (1) of S. 170-B of the Code required them to notify within two years of the commencement of the Act, to the S.D.O. in such form and in such manner as may be prescribed, the information as to how they had come in possession of such land. Petitioners did not notify the information to the S.D.O. who thereupon asked them about the failure to notify him and to show cause why the lands should not be reverted to the aboriginal vendors. The petitioners submitted statements stating that the lands have been purchased under valid registered sale deeds for adequate consideration and after obtaining sanction from the District Collector. The S.D.O., however, held that the lands have reverted to the aboriginal tribal vendors on the ground of failure of the petitioners to notify, as required under S. 170-B(1) of the Code and by virtue of the presumption arising under Sub-sec. (2). These orders are challenged.

(2.) Petitioners have paid only one set of court fee. They are required to pay three sets of court fee. This order is subject to payment of deficit Court fee during the course of the day.

(3.) We have already referred to sub-sec. (1) of S. 170-B of the Code which casts a duty on the petitioners to notify the S.D.O. the information as to how they have come in possession of the lands which are in their possession and of which the original owners were members of aboriginal tribe.