1 2025:CGHC:16731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3035 of 2022 Smt. Parul Rai W/o Ahish Rai, Aged About 40 Years Caste Kalar, R/o Ward No. 20, Behind FCI Godown, Manendragarh, Tahsil Manendragarh, District Koriya, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Revenue, Mantralaya, Mahanadi Bhawan, Raipur, District : Raipur, Chhattisgarh 2 - Collector, Koriya, Baikunthpur, District Koriya, Chhattisgarh 3 - Additional Collector, Koriya, Baikunthpur, District Koriya, Chhattisgarh 4 - President, Board of Revenue,, District : Bilaspur, Chhattisgarh 5 - Rustam Vastrakar, S/o Late Lakshman Prasad Vastrakar Aged About 63 Years Caste Vastrakar, R/o Civil Line, Manendragarh, P.S And Tahsil Manendragarh, District Koriya, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shakti Raj Sinha, Advocate For Respondents-State : Ms. Nupoor Sonkar, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.04.2025 1 Heard Mr. Shakti Raj Sinha, learned counsel for the petitioner as well as Ms. Nupoor Sonkar, learned Panel Lawyer, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.09 18:52:49 +0530 2 2 The instant writ petition is preferred by the petitioner under Article 226 of the Constitution of India with the following relief(s):- “10.1 That. this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the present case. 10.2 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 15.12.2021 passed by the respondent no. 4 and further be pleased to direct the respondent authorities to decide the review application of the Petitioner on merits. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other reliefs), which is deemed the and proper to the aforesaid facts and circumstances of the case.” 3 Learned counsel for the petitioner submits that the petitioner is the owner and title holder of the land situated at Manendragarh. Tahsil Manendragarh. District Koriya (C.G.) bearing Ptwari Halka No. 27. Khasra No. 312/53. Rakba 0.037 hectare which was diverted vide order passed by Sub Divisional Officer (Revenue) Manendragarh in Revenue Case No. 61/A-2/2018-19 as per the rehabilitation policy. He further submits that the petitioner was in need of certain amount and therefore she wanted to sell the said land and for this respect, she moved an application seeking permission for sale of the land before the Collector, Koriya, Baikunthpur, District Koriya (C.G.). The Collector thereafter called for the report from S.D.O who further asked for the report from Tahsildar. In lieu of the same, 3 a report was also given by the Revenue Inspector dated 17.10.2019 to the Tahsildar. The Tahstidar and Sub Divisional Officer (R) submitted the report and the same finds place in order dated 24.01.2020 and 14.02.2020. It has been contended that the statement of the petitioner as well as respondent No. 5 were also recorded and the Additional Collector, Koriya vide order dated 13.03.2020 rejected the application of the present petitioner stating that the petitioner would be left with no other land after the sale of land to the respondent No. 5. Thereafter, the petitioner preferred review under Section 51 of the Chhattisgarh Land Revenue Code, 1959 before the Collector, Koriya, Baikunthpur. District Kortya (C.G.) on 29.06.2020 against the order dated 13.03.2020 on the ground that the he resided with her husband in Manendragarh and the land is agricultural land and it has been diverted for rehabilitation. Further, on 13.07.2020 the Collector, Kortya, Baikunthpur. District Koriya (C.G.) sent the review for sanction before the Commissioner. Surguja. Ambikapur and thereafter, on 25.08.2020 the Collector ordered for sending the review for sanction before the President, Board of Revenue. It has been further contended that the review was sent for sanction before the President, Board of Revenue vide letter dated 17.12.2020 which was received on 06.01.2021 and vide order dated 15.12.2021, the Board of Revenue has rejected the sanction to the application for review whereby holding that the present petitioner (a member of schedule tribe) wanted to sell her land to a 4 non-tribe. It has been argued that the impugned order has been passed wrongly considering that the petitioner is a member of Scheduled Tribe and respondent No. 5 is not a member of Scheduled Tribe because in the application itself, it has been mentioned that the petitioner belonged to ‘Kalar’ Caste, which is Other Backward Classes and not the Scheduled Tribe, as such, the present petition be allowed and the impugned order dated 15.12.2021 passed by the Board of Revenue, Chhattisgarh, Bilaspur be quashed. 4 Learned State counsel fairly submits that perhaps the order impugned has been passed inadvertently, as such, the matter may be remanded back to the Board of Revenue to pass fresh order after considering the application filed by the petitioner along with other documents. 5 I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 6 Having heard the submissions of learned counsel for the parties as well as considering the facts and circumstances of the case, particularly the fact that in the application itself, it has been mentioned that the petitioner belonged to ‘Kalar’ Caste, which is Other Backward Classes and not the Scheduled Tribe, but the Board of Revenue, Chhattisgarh, Bilaspur inadvertently passed the impugned order while rejecting the application filed by the petitioner stating that the petitioner belongs to Scheduled Tribe, 5 this Court is of the opinion that the matter requires interference by this Court. 7 Accordingly, the writ petition stands allowed. The impugned order dated 15.12.2021 passed by the Board of Revenue, Chhattisgarh, Bilaspur is hereby set-aside. The matter is remanded back to the Court of Board of Revenue, Chhattisgarh, Bilaspur, who shall consider the case of the petitioner while considering the fact that the petitioner happens to be a member of ‘Other Backward Classes’ and not a member of ‘Scheduled Tribe’. 8 The petitioner is directed to appear before the Board of Revenue, Chhattisgarh Bilaspur on 05.05.2025, in turn, the Board of Revenue, Chhattisgarh, Bilaspur is directed to decide the same within a period of 30 days, while passing a reasoned order afresh. 9 With the aforesaid direction, the writ petition stands allowed. Sd/- - (Amitendra Kishore Prasad) Judge Yogesh