RAMDIN HAZARILAL Vs. STATE OF M P

JUDGEMENT

(1.) THE short question that falls for consideration in this petition is whether or not the Board of Revenue has the powers to review its decision rendered in exercise of powers under sub -section (3) of section 4 of the M. P. Ceiling on Agricultural Holdings Act, 1960.

(2.) UNDER section 4 of the M. P. Ceiling on Agricultural Holdings Act (hereinafter referred to as "the Ceiling Act"), the competent authority is vested with a power to declare a transfer to be void when the transfer was made in anticipation of or to defeat the provisions of the Ceiling Act. Certain transfers of land made by petitioner No. 1 to petitioners 2, 3 and 4 were declared invalid by the competent authority exercising jurisdiction under section 4(1) of the Ceiling Act. The petitioners preferred an appeal under sub -section (3) of section 4 of the Ceiling Act before the Board of Revenue. By its order dated 30 -12 -1977, the Board of Revenue dismissed the appeal. The petitioners then approached the Board of Revenue to review the order. The learned Member of the Board of Revenue entertained a doubt as to whether the Board had any such power and, therefore, referred the matter for opinion by a larger Bench. A Division Bench constituted to decide the question was of the opinion that the Board is not given the power to review under the Ceiling Act and therefore dismissed the petitioners application as not maintainable. The petitioners now seek to challenge the correctness of the above view.

(3.) THE preamble of the M. P. Land Revenue Code (hereinafter referred to as 'the Code') shows forth that it is an Act to consolidate and amend the law relating to land revenue, the powers of Revenue Officers, rights and liabilities of holders of land from the State Government, agricultural tenures and other matters relating to land and the liabilities incidental thereto in Madhya Pradesh. The Code thus specifies the powers of the Revenue Officers and deals with the rights of the land and the matters relating to land and the liabilities incidental thereto. The Board of Revenue is created under section 3 of the Code. Under section 7 its jurisdiction is specified. By section 7 the Board shall exercise the powers and discharge the functions conferred upon it by or under the Code and such other functions of the State Government as may be specified by notification by the State Government in that behalf and such other functions as have been conferred or may be conferred by or under any Central or State on the Chief Revenue Authority or the Chief Controlling Revenue Authority. The Board, therefore, not only exercises power and discharges the functions conferred upon it by or under the Code but also discharges the functions which have been conferred upon it under other state enactments. As already stated section 4(1) of the Ceiling Act gives power to the competent authority to declare the transfers to be void if it finds that the transfer was made in anticipation of or to defeat the provisions of the Act. Sub -section (3) of section 4, provides for an appeal against such an order and the aggrieved person is given a right to prefer an appeal before the Board of Revenue. Sub -section (3) further lays down that the decision of the Board and subject to the decision of the Board in appeal, the decision of the competent authority shall be final. If no appeal was filed, naturally the order of the competent authority became final.