Decided on June 23,2005

STATE OF M P Respondents


- (1.) HEARD learned counsel for the parties.
(2.) BY this petition, the petitioners have challenged the order dated 27-10-1990 (Annexure-P/1) passed by respondent No.2 Collector, Sarguja (Ambikapur), whereby the Collector directed the Tahsildar, Settlement Officer, Sub-Divisional Officer and the Sub Registrar of Ambikapur, not to allow the sale of agricultural land given on lease (Patta) as well as not to allow the partition or distribution of agricultural land in small pieces. Smt. Kochar, learned counsel for the petitioners contended that the petitioners have been granted bhoomiswami rights. It is further contended that the settlement was made during the period 1942 to 45 and prior to the settlement it was in possession of their ancestors who were harvesting. It is also contended that they have also acquired bhoomiswami right under Section 158 and as such they have a right of transfer subject to the provisions and conditions mentioned in Section 165 of the M.P./C.G. Land Revenue Code. It is also contended that the Land Revenue Code does not confer any authority on the Collector to pass such an order and the matter is not covered under Section 165 of the M.P./C.G. Land Revenue Code. Learned counsel contended that the Collector has issued the order without any authority. It is also contended that when the petition was filed before the High Court of Madhya Pradesh in the year 1991 the impugned order dated 27-10-1990 (Annexure- P/1) was stayed by the Court vide order dated 16-8-1991.
(3.) THE State has filed the return. The stand taken by the State is that it was in practice that if the land of the petitioners/lease holders is acquired for the colliery area then the persons whose land is acquired for the said purpose, in the colliery service will be given at least to one person from the family. On the basis of this rumor the land owners and the persons who were interested to get the employment in the colliery organization tried to purchase the land from the land holders with an object to get employment after acquisition of the land by the collieries authority. It is further stated that to check such fictitious transfers With an object to get service in the collieries the Rehabilitation Department of Government of Madhya Pradesh issued" a circular No.5-8-90/28 dated 25th September, 1991 (Annexure-R/1). In the said circular it has been stated that only those persons shall be entitled to get the service in the coal mines whose entire land has been acquired in the collieries area.;

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