01Facts
The petitioner claimed to be the recorded Bhumiswami of agricultural land measuring 0.0940 hectares at Village Kurachor Goverdha Khurd, District Sheopur, allotted in 1971.
¶ 2He sought permission from the Collector to sell the land, citing family and medical expenses.
¶ 2The Tehsildar submitted a report, and the Sub-Divisional Officer forwarded recommendations, but the Collector had not decided the application.
¶ 2–4The petitioner also filed a representation dated 7 September 2026 and sought a direction for its determination.
¶ 2–402Issues
i.Whether the Collector should be directed to decide the petitioner’s pending representation seeking permission to sell the land.
¶ 1, 4, 6ii.Whether the Court should determine the merits of the petitioner’s request for permission to sell the land.
¶ 6–703Law Applied
The petition was brought under Article 226 of the Constitution of India, under which the Court considered whether a direction should issue requiring the competent authority to decide the pending representation.
¶ 1The Court directed the authority to pass a reasoned and speaking order in accordance with law, but cited no particular statute, precedent, or substantive rule governing the proposed transfer.
¶ 6The circular dated 17 January 2014 was raised by the petitioner, but the Court did not rely on it to decide the merits.
¶ 404Reasoning
Given the limited nature of the relief sought, the State’s lack of objection, and the existence of reports and recommendations on record, the Court considered it appropriate to require the Collector to decide the representation rather than determine the transfer request itself.
¶ 5–6It directed the Collector to take the available reports and recommendations into account and expressly left the merits open.
¶ 6–705Holding
The petition was disposed of with a direction to the Collector, District Sheopur, to decide the petitioner’s representation dated 7 September 2026 by a reasoned and speaking order, in accordance with law and taking account of the reports and recommendations on record, as expeditiously as possible and preferably within six weeks of receiving a certified copy of the order.
¶ 6The Court expressed no opinion on the merits.
¶ 7Original Court PDF
Shri Ram AdiwasivsThe State Of Madhya Pradesh
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