Shri Ganpule, learned senior companynsel for the appellant, companytended that the first respondent being a tribal was unable to cultivate the lands and so lawfully entered into the agreement to sell the lands for valuable companysideration, subject to permission of the Collector.
Admittedly, the land bearing Survey No.265 to the extent of II acres 4 gunthas in Sangamner Badurk Village, Ahmednagar District which belonged to the State Government was allotted to first respondent, a tribal, in June, 1960.
The District Col lector was in error in refusing permission for alienation as the Bombay Revenue Code gives such a power.
The High Court rejected the writ petition summarily.
The appellant had entered into an agreement with the tribal allottee on June 27, 1968 initially to purchase 5 acres of lands and later for the entire extent and sought permission for alienation from the Collector.
Both the Collector and the Commissioner had refused to grant him the permission.
The appellant approached the High Court by way of a writ petition.
Thus this appeal by special leave.
