Leonard Henry vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:85871
1 WP-16837-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
th
ON THE 27 OF OCTOBER, 2026
WRIT PETITION No. 16837 of 2018
CNR No.: MPHC010364192018
LEONARD HENRY AND ANR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vivek Agrawal - Advocate for the petitioners.
Shri Dhirendra Mishra - Panel Lawyer for the respondent/State.
ORDER
This petition has been filed by the petitioners under Article 226 of the
Constitution of India while praying for following reliefs:

"(i) That the Hon'ble Court may kindly be pleased to quash and set
aside the impugned order dated 07.02.2018 passed by the
respondent no.2, vide Annexure P/7 and further be pleased to
quash and set aside the order dated 26.10.2017, vide Annexure P/5
passed by the respondent no. 3 and order dated 30.03.2017 vide
Annexure P/3 passed by the respondent no.4.
(ii) That, this Hon'ble Court may kindly be pleased to direct the
respondent no. 4 to grant permission u/s 165(6) of M.P.L.R.C.
1959 to sale the property and direct the said authority to consider
the report and recommendation of Tahsildar Betul and S.D.O.
(Revenue) Betul for grant of permission in favour of the
petitioners.
(iii) Any other writ, order or direction, which this Hon'ble Court
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 28-10-2026
17:23:14

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may deem fit and proper in the facts & circumstances of the case,
may also kindly be passed, in the interest of justice."


2. It is the contention of the counsel for the petitioners that an
application moved by the present petitioners seeking permission to alienate
the property under Section 165(6) of Madhya Pradesh Land Revenue Code,
1959 was turned down by the Collector while holding that the property in
question is situated in a scheduled area and therefore, the alienation of the
same is prohibited and this order has been passed while placing reliance on
some letter of the Department of Revenue dated 26.03.2015. It is contended
by the counsel that an appeal as well as a revision against the said order also
resulted into failure. The property which is to be alienated is a flat in a
residential area and the same is not an agricultural property. The said
property falls within Betul block, and Betul block has been exempted for the
purposes of Section 165(6) of the Madhya Pradesh Land Revenue Code,
1959. It is further contended by the counsel that it is no more a scheduled
area and this fact is evident from the notification issued by the Government
of India and published in the Gazette dated 20.02.2003. The notification has
been issued by the Ministry of Law and Justice, and therefore, the matter
requires reconsideration by the Collector inasmuch as this notification has
not been dealt with by any of the authorities, including the original as well as
appellate/revisional.
3. Counsel for the State submits that a return in the matter has been
filed and since the property is falling within the scheduled area, the Collector
rightly declined to accede to the prayer made by the present petitioners.
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Signed by: SAVITRI PATEL
Signing time: 28-10-2026
17:23:14

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Hence, no illegality can be attached to the impugned order and thus the

petition deserves to be dismissed.
4. No other point is argued or pressed by the parties.
5. Considering the submissions advanced on behalf of the parties, a
perusal of the record reflects that the petitioners are placing reliance on a
notification issued in the Gazette of India dated 20.02.2003. The notification
was issued by the Ministry of Law and Justice, and as per the notification,
the Betul block is not notified as a scheduled area in District Betul.
Therefore, the said aspect of the matter is required to be mulled over by the
Collector in the case in hand.
6. Resultantly, the impugned order passed by the Upper Collector
dated 30.03.2017 contained in Annexure P/3 and by the other authorities i.e.
Commissioner, Narmadapuram, dated 26.10.2017 contained in Annexure P/5
and the order passed by the Board of Revenue, Gwalior, dated 07.02.2018
contained in Annexure P/7 stand set aside. The matter is remitted back to the
Collector, Betul again with a direction to take a decision on the petitioners'
request for grant of permission under Section 165(6) of the Madhya Pradesh
Land Revenue Code, 1959 afresh in the light of notification issued by the
Ministry of Law and Justice dated 20.02.2003 within a period of 90 days
from the date of production of certified copy of this order by passing a well
reasoned and speaking order in accordance with law.
7. With the aforesaid, the present Writ Petition stands disposed of.
(MANINDER S. BHATTI)
JUDGE
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Signed by: SAVITRI PATEL
Signing time: 28-10-2026
17:23:14

NEUTRAL CITATION NO. 2026:MPHC-JBP:85871
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sp


Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 28-10-2026
17:23:14