RAJESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226 and 227 of the Constitution of India, the petitioners are seeking for quashment of order passed by the Revenue Board dated 20.7.1989 (Annexure P-3) and order dated 3.10.1991 (Annexure P-3-A)passed in revision and order dated 29.8.1988 dismissing the objections of the objector-transferee, in default. It has been further prayed by the petitioner that the transfer of the disputed land be held to be valid.

(2.) PETITIONER No. 1 - Rajesh Kumar (hereinafter referred to as the holder') was holder of agricultural land which was found to be in excess of his entitlement under the provisions of M.P. Ceiling on Agricultural Holdings Act, 1960 (in short 'the Act') which was amended in the year 1974 and the holder of the agricultural land was directed to file his return under section 10 of the Act. The land was found to be 73.92 acres with the holder on 1.1.1971 and on 7.3.1974 it was found that the holder was in possession of only 39.33 acres of land. The contention of the holder is that his father who was acting his guardian had sold 34.59 acres of the land to petitioner No. 2 - Mohanlal (hereinafter referred to as 'the transferee') and possession was also delivered. During the pendency of this petition, petitioner No. 2 - Mohanlal died as a result of which his legal representatives have been brought on record. The amended Act No. 12/1974 came into force w.e.f. 7th March, 1974, therefore, there was no question either to the holder or his guardian, having the knowledge of the amended Act.

(3.) THE contention of learned counsel for the petitioner is that the transferee was not aware about the amended Bill which was later on became Act No. 12/1974 and which was published on 18.4.1972 and was enforced w.e.f. 7th March, 1974, therefore, the registered sale deed which was executed by the holder of the land to the transferee on 14.3.1972 cannot be declared to be null and void.