Supreme Court of India · 1996-01-08
KESHABO vs STATE OF M.P. .
- Citation / case number
- SC 1992/84545
- Court
- Supreme Court of India
- Petitioner
- KESHABO
- Respondent
- STATE OF M.P. .
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the decision of the High Court affirming the Board of Revenue's ruling that the sale of land by an Adivasi under Bhumiswami rights was void due to lack of prior permission as mandated by Section 165(6) of the M.P. Revenue Code, 1959. The Court emphasized that the requirement for permission is a condition precedent for such alienation, aimed at protecting the ownership rights of Scheduled Tribes under Articles 39(b) and 46 of the Constitution. The Court rejected the appellants' argument that the notification under Section 165(6) published in 1977 invalidated the earlier requirement, reinforcing the welfare legislation's purpose to prevent exploitation of tribal lands.