GHISILAL Vs. SHOBHARAM

JUDGEMENT

(1.) IN this petition filed under Art. 227 of the Constitution of India, petitioner is challenging the order passed by the SDO Mandleshwar on 8.8.95 (Annexure E) and the appellate order passed by Collector, Khargone dated 23.8.96, dismissing petitioner's appeal (Annexure - A).

(2.) BRIEF facts, material for the decision of this petition, are mentioned hereinbelow: Respondent No.1 herein filed an application under S.5 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharkon Ka Udhar Dene Walon Ke Bhumi Hadpane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (for short the Adhiniyam) on the ground that the alleged sale deed dated 3.5.1975 executed by him in favour of the petitioner was not an out -and -out sale but was a mortgage deed executed as a collateral security. A total 1.20 acres of land of Kh.No. 48/1 of village Nagorla, Tah. Khasrawad was sold to the petitioner for a sum of Rs. 1,000/ -. After holding an enquiry by the SDO he has come to the conclusion that such transaction would be hit under the provisions of the aforesaid Adhiniyam and has, accordingly, declared it as null and void. Feeling aggrieved by the said order of the SDO petitioner preferred an appeal under S.8 of the said Adhiniyam before the Collector, Khargone. The Appellate Authority has also dismissed the appeal holding therein that the price of Rs. 1,000/ - paid by the petitioner to respondent No.1 cannot be said to be market price even in the year 1975 and has, accordingly, confirmed the findings recorded by the S.D.O. The appeal of the petitioner has been dismissed. It is against these two orders petitioner has approached this Court challenging the same under Art. 227 of the Constitution of India.

(3.) IN the result this petition is hereby dismissed, but with no order as to costs. Security amount, if deposited, shall be returned to the petitioner after due verification.