URMILA BAI Vs. BANSHIDAS

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India challenging the order dated 11.6.1993 (Annexure P-8) of the Board of Revenue.

(2.) IN proceedings under section 170B of the M.P. Land Revenue Code, 1959 (hereinafter to be referred to as the Code) the Sub-Divisional Officer, Mahasamund held by his order dated 13.11.1990 (Annexure P-5) that the registered sale-deed dated 10.12.1971 executed by Shivram, Saheblal and Chotelal in favour of Bansilal and Artidas in respect of Khasra Nos. 1126/1, 1083/1 and 1072/1 total area 7.44 acres of village Bindola, Tehsil Mahasamund was void as the permission of the Collector as-required by section 165(6) of the Code was not obtained. The proceeding was initiated by the petitioners who are daughters of Niramlal, brother of the three vendors. They belong to Kanwar tribe which is admittedly an aboriginal tribe as per notification issued under section 165(6) of the Code. Respondent No. 1 Bansidas and his brother Artidas belonged to panika tribe which was also an aboriginal tribe as per item No. 39 of the said notification. That has been omitted by notification dated 8.12.1971 published in the official gazette on 17.12.1971. The result is that panika is no longer an aboriginal tribe for Raipur district including Tehsil Mahasamund. As mentioned above the sale-deed has been executed on 10.12.1971. Therefore, the question arose whether on the date of the execution of the sale-deed the amended notification by which panika was deleted from the list of aboriginal tribes had come into force or not.

(3.) THE point for determination in this petition is whether the notification dated 8.12.1971 became effective when it was issued or on 17.12.1971 when it was published in the gazette. The learned counsel for both the sides were heard on this point.