Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Reform |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Reform - Execution of perpetual patta and entries in the subsequent Revenue Records - Recognition as Pattadar and settlement of assessments by Deputy Commissioner Land Reforms - Nistar Officer correcting records and reopening orders of the Deputy Commissioner - Jurisdiction - The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh 1 of 1951), ss. 3(2), 4(2), 13(1), 15(1), 40 - The Central Provinces Land Revenue Act, 1947 (C.P Act II of 1947) ss. 45(1) (2) (4), 46, 47 (1) (2). Respondent No. I in both the appeals was the proprietor and lambardar of two Mouzas. He executed perpetual pattas in favour of the other respondents. With regard to one of the Mouzas in the subsequent annual papers the 1{ouza was recorded as occupancy Tenancy Holding of respondents 2 and 4 to 6. Similar recordings were made with regard to the other Mouza in the names of respondents 2 to 6. Thereafter the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, came into force and under s. 3 of the Act the estate of resp,ndent 1 was notified. The Deputy Commissioner Land Reforms acting under s. 40 of the Act recognised respondent as the pattadar and settled the assessment payable by him in respect of the first of the Mouzas. Subsequently the Nistar Officer started proceedings for correction of old annual papers with a view to reopen the earlier order made under s. 40. Respondent No. I raised an objection that he had no jurisdiction to do so which objection was rejected. The appeal filed by the respondent before the Revenue Board was also rejected. With regard to the other Mouza the Nistar Officer made an order that the transfers made by respondent I was bogus and that the landlord was not cultivating the land. The respondents then filed writ petitions in the High Court against the said two orders of the Nistar Officer. The High Court held that the Nistar Officer had no power either under s. 15 (3) of the Act or under s. 47 (I) of the Central Provinces Land Revenue Act, 1917. The present appeals are by way of special leave. It was contendec! before the Court that (1) under s. 4 7 ( 1) of the Land Revenue Act the Nistar Officer had jurisdiction to correct entries made for earlier years in a subsequent year on the ground of mistake and (2) the said officer has also jurisdiction to review under s. 15 (3) of the Act the order made by him under s. 40 thereof. |
Judge | Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1963 INSC 18 |
Petitioner | State Of Madhya Pradesh & Ors. |
Respondent | Seth Balkishan Nathani & Ors. |
SCR | [1964] 1 S.C.R. 793 |
Judgement Date | 1963-01-30 |
Case Number | 370,371 |
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