1 / 4 2025:CGHC:38288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4110 of 2025 Pramod Kumar Agrawal S/o Late Shri Govind Ram Agrawal Aged About 60 Years R/o Korodimal Colony, Tahsil and District - Raigarh Civil and Revenue District - Raigarh (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Atal Nagar, New Raipur District- Raipur (C.G.) 2 - The Collector Jashpur, District - Jashpur (C.G.) 3 - The Sub Divisional Officer (Revenue) /Nazul Officer Pathalgaon, District - Jashpur (C.G.) 4 - The Tahsildar Pathalgaon, District - Jashpur (C.G.) 5 - The Tahsildar Cum Officiating Deputy Registrar Tathalgaon, District - Jashpur (C.G.) ... Respondents For Petitioner : Mr. Rajat Agrawal, Advocate For State : Ms. Nupur Trivedi, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/08/2025 1. By way of the instant petition, the petitioner is praying for the following reliefs:- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.07 10:56:13 +0530 2 / 4 10.1 That, this Hon’ble Court may be kind enough in issuing an appropriate writ, order or direction, directing the respondents, to bring all the records relates to the Subject Land of the petitioner. 10.2 That, this Hon’ble Court may be kind enough in issuing an appropriate writ, order or direction, directing the respondents, particularly Respondent No.2/ Collector, Jashpur (C.G.), to immediately permit the petitioner to execute the registered sale deed in respect of the remaining portion of the subject land bearing Khasra No.29/2, admeasuring 29,731 square feet, situated at Nazul Sheet No.01, Ganj Bazaar, Tehsil and Village- Pathalgaon, District-Jashpur (C.G.), without insisting upon any further permission, in view of the clarification issued by Respondent No. 1 vide letter dated 05.06.2025 (Annexure P/1). 10.3 Pass such other and further order(s) as may be deemed just and proper in the interest of justice, equity, and good conscience, including the cost of the petition. 2. The brief facts of the case, as projected by the petitioner, are that the petitioner is a co-owner of the land bearing Khasra No. 29/2, admeasuring 29,731 square feet, situated at Nazul Sheet No. 01, Ganj Bazaar, Tehsil and Village Pathalgaon, District Jashpur (C.G.) (hereinafter referred to as the "subject land"). The said property was lawfully purchased by the petitioner's father through a registered sale deed in the year 1978, and a land title deed (Patta) was duly issued for a period of 30 years in accordance with prevailing rules governing nazul lands. The total area of the subject land measured 3 / 4 approximately 40,548 square feet, out of which approximately 10,817 square feet has already been sold by the petitioner and other co-owners through valid transactions. The remaining portion is still in the petitioner's lawful possession, and he now seeks to alienate the same by way of a registered sale deed to meet his personal and financial needs. 3. The grievance of the petitioner is that despite the existence of clear legal title, official clarification and unequivocal clarification issued by Respondent No.1 to Respondent No.2 vide communication dated 05/06/2025 clearly stating that no permission or further action is required for the sale of the subject land, the petitioner is not being permitted to execute a registered sale deed. He would next contend that earlier the petitioner has filed a writ petition bearing W.P.(C) No. 3626/2023 wherein this Court, by order dated 14.08.2023, directed the Collector, Jashpur (Respondent No. 2) and other concerned authorities to decide the representation of the petitioner but the matter remains unresolved. Learned counsel for the petitioner further contended that this is the violation of the petitioner's right to property guaranteed under Article 300-A of the Constitution of India, and also infringes upon his fundamental right to livelihood and dignity as enshrined under Article 21. 4. Learned State counsel contended that the matter is still pending before the Collector and the same will be decided in accordance with law. 4 / 4 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 6. It is undisputed fact that in the year 1978 a Patta was issued for a period of 30 years in the name of the father of the petitioner and the same was renewed up to the year 2018-19 by the competent authority and some portion of the land has already been sold by the petitioner without any objection by the respondent authorities. In such circumstances the Collector is directed to decide the proceedings pending before it in accordance with law/rule/regulation within a period of 45 days from the date of receipt of copy of this order subject to verification of the documents. 7. With the aforesaid observation, the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu