The present review petition under Order XLVII Rule 1 of the Code of Civil
Procedure has been preferred by the petitioner/State seeking review of the order
dated 13.05.2025 passed in W.P. No.16936/2023, whereby this Court directed the
revenue authorities to correct the revenue entries by deleting the expression “non-
transferable” from Column No.12 of the Khasra pertaining to land bearing Survey
No.22/17/1 admeasuring 0.88 hectares, situated at Village Laldant, Patwari Halka
Umri, Tehsil and District Guna.
2. Learned counsel appearing for the State submits that the review petition
has been filed primarily on the ground that the land in question was originally
granted to the predecessor-in-interest of the respondent by way of patta under
Section 62 of the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007,
and therefore, the provisions contained under Section 162 of the Madhya Pradesh
Land Revenue Code, 1959 are not attracted to the facts and circumstances of the
present case. It has been contended that under the scheme of the Madhya Pradesh
Land Revenue Code, particularly Sections 158(3) and 165(7-B), prior permission
NEUTRAL CITATION NO. 2026:MPHC-GWL:20394
2 RP-1043-2026
of the competent authority is a mandatory precondition for transfer of land granted
by way of patta and, in the absence of such permission, any transfer effected in
respect thereof could not have been recognized as valid in the eyes of law.
