GRAM PANCHAYAT, GORAKHPUR Vs. KHUSILAL

JUDGEMENT

(1.) THIS matter has been referred to this Full Bench to interpret the phrase "subject to rules" in section 244 of the M.P. Land Revenue Code, 1959, (hereinafter called the Land Revenue Code). The Division Bench, which referred this matter to us, saw an apparent conflict between two Division Bench decisions of this Court in Ithoba v. Collector of Chhindwara 1964 JLJ 606: 1964 RN 396: ILR 1965 MP 293 and Bhagwat Prasad v. Government of M.P. 1966 JLJ 826: 1966 MPLJ 557.

(2.) THE question before us is: - -

(3.) IN Mohd. Hussain v. State of Bombay AIR 1962 SC 97, that expression was, in its particular context, construed as complementary, if we may say so. There, section 11 of the Bombay Agricultural Produce Markets Act, 1939, gave power to the Market Committee, subject to such maxima as may be prescribed to levy fees on the agricultural produce bought and sold by licencees in the market area, Their Lordships held that one of the restrictions on the power of the Market Committee under section 11 was that the fees fixed must be within the maxima prescribed by the rules and until such maximum was specified by the State Government under the rules, it was not possible for the Market Committee to fix any fees under section 11. Thus, it was a case where the power conferred on the Market Committee could not be exercised until the rules were framed. That decision also is based on the particular context of the special enactment.