RAO RANBIRSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellants applied for the exchange of some of their land with an equal area reserved for grazing purposes in the Nistar Patrak of their village. The Sub -Divisional Officer, Gadarwara, recommended the exchange, vide his report dated 4 -6 -57, but the Collector rejected it as he saw no 'expediency to allow such exchange'. In appeal the learned Commissioner, on the basis of certain earlier decisions, held that he had no jurisdiction to interfere. This is a second appeal against the Commissioner's order.

(2.) THE appellants' learned counsel, Shri R. K. Pande, argued that under the provisions of section 149, M. P. Land Revenue Code, it is the duty of the Collector to dispose of land belonging to State Government in Bhumidhari or Bhumiswami rights on payment of premium or by auction sale. In his opinion, an exchange, in this case, would have been nothing more than the disposal of Government land in return of appellants' land. The consideration, instead of being in cash, would have been the value of the land given in return by the appellants. As such, the application for exchange was a matter covered by the provisions of section 149, ibid, and the disposal of the application by the Collector amounted to an order under the Code and was, therefore, appeal able before the Commissioner.

(3.) IN the above view, the order of the Collector dated 21 -6 -57 cannot be said to have been passed under the provisions of section 149 and was not, therefore, appeal able before the Commissioner. The appeal is dismissed accordingly.