POORAN SINGHversusDHANIRAM (SINCE DEAD) THR. LEGAL HEIRS AND ANR.

202                        [2019]
               SUPREME COURT      5 S.C.R. 202
                              REPORTS                       [2019] 5 S.C.R.


A                                POORAN SINGH
                                        v.
       DHANIRAM (SINCE DEAD) THR. LEGAL HEIRS AND ANR.
                         (Civil Appeal No. 3122 of 2019)
B                               MARCH 14, 2019
                [DR. DHANANJAYA Y CHANDRACHUD AND
                        HEMANT GUPTA, JJ.]
             M.P. Land Revenue Code, 1959 – ss.170B and 257 –
C     Predecessor-in-interest of the appellant executed a sale deed of
      suit property in favour of Predecessor-in-interest of respondent –
      Thereafter, predecessor-in-interest of appellant initiated
      proceedings for reversion of land u/s. 170B – Collector directed
      the reversion of the land in favour of predecessor-in-interest of
      appellant – Predecessor-in-interest of respondent initiated writ
D     proceedings challenging the order of the collector u/s.170B –
      Petition was dismissed by the High Court – Possession was restored
      to the predecessor-in-interest of the appellant – Thereafter,
      predecessor-in-interest of the respondent filed a suit against the
      appellant seeking a permanent injunction, possession and a
E     declaration that the order of the collector was null and void – Suit
      rejected by the Trial Court – However, in a first appeal, the order of
      the Trial Court was set aside – Second appeal filed by the appellant
      was dismissed – On appeal, held: The order of the Collector was
      placed in issue before the High Court in writ proceedings – That
      judgment of the High Court indicated that the challenge was on the
F     ground that the notice of the appeal before the Collector was not
      served on the original respondent – High Court had enquired into
      the legality of the order passed by the Collector and dismissed the
      writ petition – Once the order of the Collector was affirmed in the
      final judgment and order of the High Court in writ proceedings, it
G     was not open to a civil court to arrive at a conclusion to the contrary
      – High Court in second appeal erred in ignoring the effect of the
      earlier order in writ proceedings – Thus, judgment of the Trial Court
      dismissing the civil suit restored.


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                                       202
     POORAN SINGH v. DHANIRAM (SINCE DEAD) THR.                        203
                   LEGAL HEIRS

       The Predecessor-in-interest of appellant executed a sale        A
deed of the suit property in favour of predecessor-in-interest of
respondent. On 24 October, 1980 section 170B was inserted into
the provisions of the MP Land Revenue Code 1959 by MP Act
15 of 1980. Pursuant thereto, predecessor-in-interest of appellant
initiated proceeding u/s.170B of the code, which was ordered in
                                                                       B
his favour. Writ petition challenging the said order in was
dismissed. Thereafter, predecessor-in-interest of respondent filed
suit to declare the said order u/s. 170B as null and void, which
was also dismissed by the Trial Court. However, in the first appeal
order of the Trial Court was set aside. The second appeal filed by
the appellant was dismissed. Hence, present Special Leave              C
Petition.

      Allowing the appeal, the Court

      HELD: The basic issue which falls for consideration is
whether it was open to the respondent to institute a suit to           D
challenge the order passed by the Collector, when an earlier
challenge to the legality of the order had culminated in the final
judgment of the High Court in writ proceedings on 16 February
1987. The answer to that issue must lie in the negative. The
order of the Collector was placed in issue before the High Court       E
in writ proceedings. The order which has been extracted in the
earlier part of the judgment indicates that the challenge was on
the ground that the notice of the appeal before the Collector had
not been served on the original respondent. The judgment of
the High Court enquired into the legality of the order passed by
the Collector. The High Court came to the conclusion that the          F
order was in accordance with law. The writ petition was dismissed.
Once the order of the Collector was affirmed in the final judgment
and order of the High Court dated 16 February 1987, it was not
open to a civil court to arrive at a conclusion to the contrary. The
High Court, in second appeal has manifestly erred in ignoring          G
the clear effect of the earlier order dated 16 February 1987.
[Para 13] [209-C-E]



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204                SUPREME COURT REPORTS                      [2019] 5 S.C.R.


A               CIVIL APPELLATE JURISDICTION: Civil Appeal No.3122 of
      2019.
            From the Judgment and Order dated 25.02.2015 of the High Court
      of Chhattisgarh at Bilaspur in SA No..2 of 1998.
           Praveen Chaturvedi, Nitin Bhardwaj, Ms. Jyoti Chaturvedi,
B
      Ms. A. Mishra, Advs. for the Appellant.
           Aniruddha P. Mayee, J.P. Mishra, Shankar Divate, Advs. for the
      Respondents.
                The Judgment of the Court was delivered by
C               DR. DHANANJAYA Y CHANDRACHUD, J.
                1. Delay condoned.
                2. Leave granted.
            3.This appeal arises from a judgment of the High Court of
D     Chhatisgarh at Bilaspur dated 25 February 2015 in a Second Appeal1
      under Section 100 of the Code of Civil Procedure.
            4. Beniram Gond, who belonged to a notified Scheduled Tribe,
      executed a sale deed of the suit property consisting of agricultural land
      admeasuring 5.36 acres located at Village Naragaon, Tehsil Balod, District
E     Durg in favour of Dhaniram, a non tribal. The sale on 9 October 1964
      was for a consideration of Rs.2,400. The suit property is described thus:
                “Agricultural Land bearing Survey No. 69/2, Area 1.10 Acre;
                Survey no. 69/5, Area 1.98 Acre; Survey No. 69/9, Area 0.50
                Acre; Survey No. 69/12, Area 0.19 Acre; Survey No. 69/23, Area
F               0.61 Acre; Survey No.69/15, Area 0.28 Acre; Survey No.69/16,
                Area 0.29 Acre; Survey No. 172/2, Area 0.41 Acre; Total 8
                Surveys comprising 5.35 Acres, Located at Village Naragaon,
                Tehsil Barod, District Durg, MP now Chhatisgarh”
             The appellant is Beniram’s son. The respondents are the legal
G     heirs of Dhaniram, who has died.
             On 24 October, 1980 Section 170B was inserted into the provisions
      of the MP Land Revenue Code 1959 by MP Act 15 of 1980. Section
      170B, insofar as is material, reads as follows:
      1
          No 2 of 1998
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   POORAN SINGH v. DHANIRAM (SINCE DEAD) THR.                              205
LEGAL HEIRS [DR. DHANANJAYA Y CHANDRACHUD, J.]

   “170B. Reversion of land of members of aboriginal tribe which           A
   was transferred by fraud. - (1) Every person who on the date of
   commencement of Madhya Pradesh Land Revenue Code
   (Amendment) Act, 1980 (hereinafter referred to as the Amendment
   Act of 1980) is in possession of agricultural land which belonged
   to a member of a tribe which has been declared to be an aboriginal
                                                                           B
   tribe under sub-section (67) of Section 165 between the period
   commencing on the 2nd October, 1959 and ending on the date of
   the commencement of Amendment Act, 1980 shall, within two
   years of such commencement, notify to the Sub-Divisional Officer
   in such form and in such manner as may be prescribed, all the
   information as to how he has come in possession of such land.           C
   (2) If any person fails to notify the information as required by
   sub-section (1) within the period specified therein it shall be
   presumed that such person has been in possession of the
   agricultural land without any lawful authority and the agricultural
   land shall, on the expiration of the period aforesaid revert to the     D
   person to whom it originally belonged and if that person be dead,
   to his legal heirs.
   3(2-A) If a Gram Sabha in the Scheduled area referred to in
   clause (1) of Article 244 of the Constitution finds that any person,
   other than a member of an aboriginal tribe, is in possession of any     E
   land of a bhumiswami belonging to an aboriginal tribe, without
   any lawful authority, it shall restore the possession of such land to
   that person to whom it originally belonged and if that person is
   dead to his legal heirs :
   Provided that if the Gram Sabha fails to restore the possession of      F
   such land, it shall refer the matter to the Sub-Divisional Officer,
   who shall restore the possession of such land within three months
   from the date of receipt of the reference.
   (3) On receipt of information under sub-section (1), the Sub-
   Divisional Officer shall make such enquiry as may be deemed             G
   necessary about all such transactions of transfer and if he finds
   that the member of aboriginal tribe has been defrauded of his
   legitimate right he shall declare the transaction null and void and
   pass an order revesting the agricultural land in the transferor and,
   if he is dead, in his legal heirs.”
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206             SUPREME COURT REPORTS                            [2019] 5 S.C.R.


A             7. Proceedings were initiated before the Sub Divisional Officer,
      Balod2 at the instance of Beniram under Section 170B. On 28 July
      1984, the plea was initially rejected by the SDO, Balod. However, on 5
      June 1985, the Collector, Durg, allowed the Revenue Appeal3 against
      the order of the SDO Balod. The Collector directed the reversion of the
      land in favour of Beniram. On 11 June 1986, the Additional Commissioner
B
      Raipur Division dismissed the Appeal4 filed by Dhaniram. Dhaniram
      initiated writ proceedings5, before the High Court of Madhya Pradesh in
      order to challenge the order passed under Section 170B against him.
            8. A learned single Judge of the High Court dismissed the petition
      on 16 February 1987 in the following terms:
C
             “Petitioner by Shri R.N. Tiwari. He is heard. The sole question
             in the instant case which arises for consideration is whether the
             notice of appeal preferred by respondent no.5 before the Collector
             Durg, respondent no.3, had been served on the petitioner or not.
             That question essentially is a question of fact and the finding of
D            the Collector and of Additional Commissioner in appeal that the
             petitioner had been served with notice, does not suffer from any
             manifest error of law or jurisdiction requiring interference under
             Article 226 of the Constitution of India.
               The petitioner does not appear to have made any request either
E            to the collector or to the additional commissioner for permission
             to produce evidence to show that the notice said to have been
             served on him and purporting to bear his signature in fact does not
             bear his signature and that it contains a forge signature of the
             petitioner. He having failed to take this plea before the fact finding
F            authorities, cannot take it for the first time under Article 226 of
             the Constitution. If the petitioner was given an opportunity by
             serving notice on him and he failed to appear without any sufficient
             cause, he alone is to be blamed for that.
               It was then urged by counsel for the petitioner that in view of
G            section 170C of the M.P. Land Revenue Code, no counsel could
             have appeared for respondent no.5 before the Collector without
             obtaining the permission of the Collector. The question as to
      2
        SDO
      3
        No. 11-A/23 year 1984-85 titled as Beniram v Dhaniram
      4
        case No. 42/A-23/85-86
H     5
        M.P. No. 367 of 1987
        POORAN SINGH v. DHANIRAM (SINCE DEAD) THR.                                   207
     LEGAL HEIRS [DR. DHANANJAYA Y CHANDRACHUD, J.]

          whether counsel who appeared for respondent no. 5 had obtained             A
          any permission from the Collector or not, is again a question of
          fact and it should have been raised before the fact finding
          authorities. It cannot be raised for the first time in a writ petition.
          No other point has been pressed.
          In the result, the petition is dismissed.”                                 B

      9. On 19 July 1986, possession was restored to Beniram, the
predecessor-in-interest of the appellant.
       10. After the dismissal of the writ petition by the High Court,
Dhaniram filed a suit6before the Civil Judge Class II, Balod against the             C
appellant seeking a permanent injunction, possession and a declaration
that the order dated 5 June 1985 of the Collector was null and void. The
appellant contested the suit. The suit was rejected on 11 December
1995. However, in a first appeal7, the District Judge, Durg set aside the
order of the Trial Court and decreed the suit. The appellant unsuccessfully
challenged the order of the first appellate court in a Second Appeal.                D
The Second Appeal having been dismissed on 25 February 2015, these
proceedings were instituted.
         11. After the rejection of the suit on 11 December 1995, Section
257 (L-1) was introduced by an amendment of the Madhya Pradesh
Land Revenue Code in order to bar the jurisdiction of the civil court to             E
entertain suits pertaining to orders under Section 170B. Section 257,
insofar as is material, reads as follows:
          “257. Except as otherwise provided in this Code, or in any other
          enactment for the time being in force, no Civil Court shall entertain
          any suit instituted or application made to obtain a decision or order      F
          on any matter which the State Government, the Board, or any
          Revenue Officer is by this Code, empowered to determine, decide
          or dispose of, and in particular and without prejudice to the
          generality of this provision, no Civil Court shall exercise jurisdiction
          over any of the following matters :-
                                                                                     G
             a) any decision regarding the purpose to which land is
             appropriated under Section 59;

6
    No. 20A of 1992
7
    Civil Appeal No. 6-A/1996
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208     SUPREME COURT REPORTS                           [2019] 5 S.C.R.


A        (b) any question as to the validity or effect of the notification
         of a revenue survey or any question as to the term of a
         settlement;
         (c) any claim to modify a decision determining abadi made by
         a Settlement Officer or Collector;
B        (d) any claim against the State Government to hold land free
         of land revenue, or at less than the fair assessment, or to be
         assigned in whole or in part the land revenue assessed on any
         land;
         (e) the amount of land revenue assessed or reassessed under
C        this Code or any other enactment for the time being in force;
         (f) any claim against the State Government to have any entry
         made in any land records or to have any such entry omitted or
         amended.

D        (g) any question regarding the demarcation of boundaries or
         fixing of boundary marks under Chapter X;
         (h) any claim against the State Government connected with or
         arising out of, the collection of land revenue or the recovery of
         any sum which is recoverable as land revenue under this Code
         or any other enactment;
E
         (i) any claim against the State Government or against a
         Revenue Officer for remission or suspension of land revenue,
         or for a declaration that crops have failed in any year;
         (j) any decision regarding forfeiture in cases of certain
F        transfers under Section 166;
         (k) ejectment of a lesser of a bhumiswami under sub-section
         (4) of Section 168;
         1(l) any claim to set aside transfer by a bhumiswami under
         subsection (1) of Section 170 and clauses (a) and (b) of sub-
G        section (2) of Section 170-A;]
      2(l-1) any matter covered under Section 170-B.]”



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     POORAN SINGH v. DHANIRAM (SINCE DEAD) THR.                                  209
  LEGAL HEIRS [DR. DHANANJAYA Y CHANDRACHUD, J.]

      12. The High Court by its impugned order held that:                        A
     (i) no enquiry had been made by the Collector under Section 170B;
     (ii) the presumption under Section 170B is rebuttable;
     (iii) the amendment introducing Section 257 (L-1) on 15 December
          1995 would have no application to the suit which was instituted        B
          on 18 February 1992; and
     (iv) in view of (ii), the bar of jurisdiction was not attracted.
       13. The basic issue which falls for consideration is whether it was
open to the respondent to institute a suit to challenge the order passed by
the Collector, Durg on 5 June 1985, when an earlier challenge to the             C
legality of the order had culminated in the final judgment of the High
Court on 16 February 1987. The answer to that issue must lie in the
negative. The order of the Collector was placed in issue before the
High Court in MP 367 of 1987. The order which has been extracted in
the earlier part of the judgment indicates that the challenge was on the         D
ground that the notice of the appeal before the Collector had not been
served on the original respondent, Dhaniram. The judgment of the High
Court enquired into the legality of the order passed by the Collector. The
High Court came to the conclusion that the order was in accordance
with law. The writ petition was dismissed. Once the order of the Collector
was affirmed in the final judgment and order of the High Court dated 16          E
February 1987, it was not open to a civil court to arrive at a conclusion to
the contrary. The High Court, in our view, has manifestly erred in ignoring
the clear effect of the earlier order dated 16 February 1987.
       14. For the above reasons, we allow the appeal and set aside the
impugned judgment and order of the High court dated 25 February 2015.            F
In consequence, we restore the judgment of the Trial Court, dismissing
Civil Suit No. 20A of 1992 instituted by the respondent. There shall be
no orders as to costs.


Ankit Gyan                                                     Appeal allowed.
                                                                                 G




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