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january 1996

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.

KESHABO vs STATE OF M.P. . · Niyam