The Madhya Pradesh High Court has reaffirmed that revenue authorities cannot unilaterally label land as 'non-transferable' in official records without statutory authority or a reasoned order. This judgment clarifies that bhumiswami rights, once lawfully granted, carry full transferability unless explicitly restricted by law - a principle critical to land title security across rural Madhya Pradesh.
Background & Facts
The Dispute
The petitioner, Tofan Singh Kirar, is the lawful owner of land bearing Survey No. 1/12, admeasuring 1.045 hectares, situated at Village Ari, Tehsil and District Guna, Madhya Pradesh. The land was originally allotted to his predecessor, Gopilal, in bhumiswami rights by a Naib Tahsildar on 06.02.1961. The Khatoni of 1964 and subsequent Khasra entries consistently recorded Gopilal as the bhumiswami owner. The petitioner acquired the land through lawful succession and has remained in continuous, peaceful possession since then. However, an entry in Column No. 12 of the latest Khasra record describes the land as "non-transferable," despite no formal order, notification, or legal provision justifying such a restriction.
Key Facts
- Land was allotted to Gopilal on 06.02.1961 by Naib Tahsildar in bhumiswami rights under the Madhya Pradesh Land Revenue Code, 1959
- Khatoni of 1964 and all subsequent Khasra entries reflect Gopilal and later the petitioner as bhumiswami owner
- No record exists of the land being leased, granted as a government lessee, or subject to any transfer restriction prior to 1980
- The impugned "non-transferable" entry was inserted without any order, notice, or hearing
- The petitioner has been in uninterrupted possession since 1961, with no challenge to his title until this entry was made
- The land is not classified under any exception in Section 162(2) of the Madhya Pradesh Land Revenue Code
Procedural History
- 06.02.1961: Original allotment of land to Gopilal in bhumiswami rights by Naib Tahsildar
- 1964: Khatoni record confirms bhumiswami ownership
- 1980: Section 165(7-b) inserted into the Madhya Pradesh Land Revenue Code by M.P. Act 15 of 1980
- Undated (prior to 2023): "Non-transferable" entry inserted in Column No. 12 of Khasra without authority
- 2023: Writ Petition No. 31186 of 2023 filed before the High Court of Madhya Pradesh at Gwalior
- 12.06.2025: Judgment delivered in W.P. No. 29663/2023, holding similar "non-transferable" entries invalid
- 20.04.2026: Judgment delivered in the present petition
Relief Sought
The petitioner sought deletion of the "non-transferable" entry from Column No. 12 of the Khasra record for Survey No. 1/12, and restoration of the land’s status as freely transferable bhumiswami property.
The Legal Issue
The central question was whether revenue authorities may lawfully record land as "non-transferable" in Column No. 12 of the Khasra when the land was originally allotted in bhumiswami rights and no statutory provision or competent order imposes such a restriction.
Arguments Presented
For the Petitioner
The petitioner’s counsel relied on the precedent set in W.P. No. 29663/2023, where this Court held that bhumiswami land, once lawfully allotted, cannot be marked "non-transferable" without statutory backing. It was argued that Section 165(7-b) applies only to persons who were government lessees and subsequently became bhumiswamis - not to those who were granted bhumiswami rights from inception. The entry was arbitrary, violated the principle of legitimate expectation, and had no basis in the Madhya Pradesh Land Revenue Code.
For the Respondent
The State contended that the Khasra entry of 1956-57 recorded the land as belonging to the State Government, implying it was never lawfully transferred. However, no documentary evidence or order was produced to substantiate this claim or to justify the "non-transferable" annotation.
The Court's Analysis
The Court examined the historical evolution of bhumiswami rights under the Madhya Pradesh Land Revenue Code, 1959. It noted that Section 157 defined bhumiswami as the sole class of tenure holder, and Section 158 enumerated the categories of persons entitled to such rights. Crucially, Section 162(1) permitted the Collector to dispose of state land in bhumiswami rights, which is precisely what occurred in 1961 when Gopilal was granted the land.
"Thus, when prior to insertion of Section 165(7-b) of the Code, there was no rider, then the bhumiswami like Gopilal was not required to seek permission from the State Government to transfer such land, thus, the question of the land being 'non-transferable' since the land in question is a Patta land did not arise."
The Court emphasized that Section 165(7-b), inserted in 1980, imposed transfer restrictions only on those who were initially government lessees and later acquired bhumiswami rights. It did not apply retroactively to those granted bhumiswami rights from the outset. The petitioner’s land was never held as a government lease; it was granted directly as bhumiswami property.
The Court further held that revenue records are not instruments to create new restrictions but to reflect existing legal rights. An entry without statutory basis or a reasoned order is ultra vires and void. The State’s reliance on a 1956-57 Khasra entry was rejected as irrelevant, since the 1961 allotment superseded prior records and conferred absolute bhumiswami rights.
The Verdict
The petition was allowed. The Court directed the competent revenue authorities to delete the entry of "non-transferable" from Column No. 12 of the Khasra record for Survey No. 1/12, Village Ari, Tehsil and District Guna, Madhya Pradesh. The correction must be completed within six weeks from the date of this judgment. The petitioner’s title as bhumiswami owner is hereby confirmed, with full rights of transfer, inheritance, and encumbrance.
What This Means For Similar Cases
Bhumiswami Rights Are Inherently Transferable
- Practitioners must challenge any "non-transferable" annotation on bhumiswami land as legally void unless the land was originally granted as a government lease
- Revenue officials cannot impose transfer restrictions by mere record entry - only statutory provisions or valid orders can do so
Revenue Records Reflect, Not Create, Rights
- Khasra and Khatoni entries are evidentiary, not legislative
- Any modification to land status must be traceable to a formal order, notification, or statutory provision
- Absence of such authority renders entries arbitrary and liable to be quashed
Pre-1980 Allotments Are Protected
- Land allotted in bhumiswami rights before the insertion of Section 165(7-b) in 1980 cannot be subjected to post-facto transfer restrictions
- Petitioners in similar cases may rely on this judgment to seek deletion of unlawful entries without needing to prove title afresh
