BHAIJI versus SUB DIVISIONAL OFFICER, THANDLA AND ORS.

BHAIJI versus SUB DIVISIONAL OFFICER, THANDLA AND ORS.

Section 170-B of the M.P. Land Revenue Code applies broadly to all transactions involving land owned by aboriginal tribals, including those where both transferor and transferee are aboriginal tribals. The section is not confined to transfers from aboriginal tribal to non-tribal. The language of the statute is clear, and neither legislative history nor the Statement of Objects and Reasons can be used to restrict its scope against its plain meaning.

Parties
Appellant: Bhaiji; Respondents: Sub Divisional Officer, Thandla and Ors.
Jurisdiction
India
Judgment Date
16 December 2002
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Madhya Pradesh High Court
Outcome
Appeal dismissed
Legal Topics
Transfer of Land by Aboriginal Tribal, Section 170 B, M.p. Land Revenue Code, Interpretation of Statutes
Land Law Statutory Interpretation Transfer of Land by Aboriginal Tribal Section 170 B, M.p. Land Revenue Code Interpretation of Statutes

Case Brief

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Parties

Bhaiji

Appellant

Sub Divisional Officer, Thandla and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Madhya Pradesh High Court

Legal Issues

  1. 1 Applicability of Section 170-B, M.P. Land Revenue Code to transfers between aboriginal tribals
  2. 2 Scope of Section 170-B with respect to fraudulent transfers
  3. 3 Use of Statement of Objects and Reasons for statutory interpretation

Ratio Decidendi

Section 170-B of the M.P. Land Revenue Code applies broadly to all transactions involving land owned by aboriginal tribals, including those where both transferor and transferee are aboriginal tribals. The section is not confined to transfers from aboriginal tribal to non-tribal. The language of the statute is clear, and neither legislative history nor the Statement of Objects and Reasons can be used to restrict its scope against its plain meaning.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed; High Court order is affirmed.
  • No order as to costs.