MP HC Orders Fresh Decision on Betul Flat-Sale Request, Citing Gazette That Does Not Notify the Block as a Scheduled Area

The petitioners sought permission under Section 165(6) of the Madhya Pradesh Land Revenue Code, 1959, to alienate a flat in Betul.

The Collector rejected the request on the ground that the property was in a scheduled area, relying on a Revenue Department letter dated 26 March 2015; the appellate and revisional authorities also rejected the petitioners’ challenge.

The petitioners relied on a Government of India Gazette notification dated 20 February 2003, which they contended showed that Betul block was not notified as a scheduled area.

The High Court noted that the notification had not been considered by the authorities.

Section 165(6) of the Madhya Pradesh Land Revenue Code, 1959, was the statutory basis for the petitioners’ request for permission to alienate the property.

The Court directed the Collector to reconsider the request in light of the Ministry of Law and Justice notification dated 20 February 2003 and to pass a reasoned order in accordance with law; it did not finally determine whether permission must be granted or state a broader rule on the application of Section 165(6).

The Court observed that the petitioners relied on a Gazette notification indicating that Betul block was not notified as a scheduled area, while the authorities had rejected the request on the contrary basis without addressing that notification.

Because the notification could affect the decision under Section 165(6), the Court considered that issue necessary for the Collector to examine afresh.

It therefore set aside the orders but left the merits of the permission application for the Collector’s reconsideration.

It remitted the matter to the Collector, Betul, to decide the application afresh under Section 165(6), considering the 20 February 2003 notification and issuing a reasoned and speaking order within 90 days of production of a certified copy of the order.

The writ petition was disposed of.