RAMNATH Vs. BHAGAN BAI

JUDGEMENT

(1.) THE two petitioners have challenged, by this petition, vires of section 10 of the M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharkon Ko Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred to as the Adhiniyam) as also the order Annexure P -10 passed thereunder by the respondent No. 5 (The Sub Divisional Officer, Rajnandgaon) and order Annexure P -11 passed in appeal by the respondent No. 4 (The Collector, Rajnandgaon).

(2.) THE Adhiniyam was enacted for the benefit of the holders of agricultural land in the weaker section of people by providing relief from agricultural indebtedness by nullifying the licences of the lenders of money for grabing their lands and the matters connected therewith. Section 3 of the Adhiniyam gives overriding effect to the provisions of the Act and section 4 makes all prohibited transactions of loan to be subject to protection and relief in accordance with the provisions of the Adhiniyam.

(3.) SECTION 5 of the Adhiniyam makes a provision for an application to the Sub Divisional Officer within such time and in such form and manner as may be prescribed. Rules were framed in exercised of the powers conferred by section 13 of the Adhiniyam and notified vide Notification No. 1641 -6 -77 -N -I - VII dated 25.4.1978 and published in M.P. Rajpatra, Part IV (Gaz.) dated 12.5.1978. Rule 3 in its original form prescribed a period of 12 months from the date specified in sub -rule (2) of rule 1 for making application under section 5 of the Adhiniyam. Sub -rule (2) of rule 1 refers to the enforcement of the rules on the date of their publication in the "Madhya Pradesh Gazettee" and since rules were published in the Gazette dated 12.5.1978, initially the period of one year commenced from the said date. However, by Notification No. 577 -6 -1 - V -I - VII -81 dated 21.2.1981 published in the Gazette dated 13.3.1981, the said rule 3 was substituted and it was provided that the application under section 5 of the Adhiniyam shall be made in form I to the Sub Divisional Officer on or before 31.1.1982. The figure "1982" was subsequently substituted by figure" 1983", by Notification dated 14.7.1982 published in M.P. Rajpatra I dated 30.7.1982 and later by figure "1984" by Notification dated 31.1.1983 published in M.P. Rajpatra (Asadharan) dated 6.2.1983. On account of these legislative changes in the rules, the limitation was extended from time to time and by last Notification aforesaid, the rule permitted application under section 5 of the Adhiniyam upto 31.1.1984. The application filed by the respondent No.1 on 9.1.1984 was, therefore, quite within the period prescribed in this behalf, and we find no merit in the contention of the petitioners. It appears that it was for this reason that plea of limitation was not raised before the respondents 4 and 5 nor in the present petition.