Rao Ranbir Singh and Another vs State of M.P.

R.S. Shukla, Member

The appellants applied for the exchange of some of their land with an equal area reserved for grazing purposes in the Nistar Patrak of their village. The Sub-Divisional Officer, Gadarwara, recommended the exchange, vide his report dated 4-6-57, but the Collector rejected it as he saw no ''expediency to allow such exchange''. In appeal the learned Commissioner, on the basis of certain earlier decisions, held that he had no jurisdiction to interfere. This is a second appeal against the Commissioner''s order.

The appellants'' learned counsel, Shri R. K. Pande, argued that under the provisions of section 149, M. P. Land Revenue Code, it is the duty of the Collector to dispose of land belonging to State Government in Bhumidhari or Bhumiswami rights on payment of premium or by auction sale. In his opinion, an exchange, in this case, would have been nothing more than the disposal of Government land in return of appellants'' land. The consideration, instead of being in cash, would have been the value of the land given in return by the appellants. As such, the application for exchange was a matter covered by the provisions of section 149, ibid, and the disposal of the application by the Collector amounted to an order under the Code and was, therefore, appealable before the Commissioner.

I am afraid I cannot subscribe to the views of the learned counsel. Section 149ibid and the rules made thereunder are enabling provisions and lay down the procedure which the Collector has to follow in case he decides to dispose of Government land. The section, as worded, does not cast an obligation on the Collector to dispose of Government land at the behest or the initiative of another person. In other words, no person can force the hands of the Collector to dispose of Government land u/s 149. An application for an exchange of land is a different matter altogether; it is almost a suggestion which may or may not be acceptable. Any action that the Collector might take on such an application- whether it is acceptance or refusal, would be an action entirely outside the purview of section 149 ibid. It may also be observed that in a case u/s 149, land has to be disposed of only on payment of premium or sale by auction. There is no provisions for the acceptance of consideration in kind or in any other form.

In the above view, the order of the Collector dated 21-6-57 cannot be said to have been passed under the provisions of section 149 and was not, therefore, appealable before the Commissioner. The appeal is dismissed accordingly.

Appeal dismissed.