Short Note : 1. By order dated 3rd June 1964, the Tahsildar, Hoshangabad, allotted 0.10 acre of land of Survey No. 477 to respondents 2 to 6 as Abadi site. The appellant instituted the suit for a declaration that the order of the Tahsildar was contrary to law and it did not confer any right on respondents 2 to 6. The suit of the appellant was dismissed by both the Courts below. Held: Having heard learned counsel, this Court is satisfied that there is no merit in this appeal. By order, dated 5th March 1964, the Sub-Divisional Officer, Hoshangabad, acting under section 237 of the Madhya Pradesh Land Revenue Code, 1959 de-reserved the area which is the subject-matter of this suit. Thus before the suit land was allotted in favour of respondents 2 to 6, it ceased to be the land reserved for Nistar of the villagers. Any right of Nistar which the appellant exercised came to an end when the land was de-reserved. The only point which the learned counsel for the appellant has argued is that the Tahsildar had no jurisdiction to allot the land under section 244 of the Code, because there was a Gram Panchayat in existence for that area. Under section 244, the Gram Panchayat, or where a Gram Panchayat has not been constituted the Tahsildar has jurisdiction to dispose of sites in the Abadi area. Technically, therefore, it is correct that as there was a Gram Panchayat the Tahsildar has no jurisdiction. However, it has been found• by the Court below that consent of the Gram Panchayat was obtained for the allotment of the land before the Tahsildar issued the order. Substantially therefore, the allotment was made by the Gram Panchayat. In any case, the appellant has no right whatsoever in respect of the suit land. He could not, therefore, institute the suit for challenging the allotment. Appeal dismissed.