1 2025:CGHC:43160 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4568 of 2025 Ajay Kumar Bairagi S/o Jagdish Ram Aged About 57 Years Caste Uraon (Adiwasi), R/o Gariyatoli, Tahsil Manora, Distt - Jashpur At Present Address Chapora Tahsil Malkharoda, Distt. Sakti Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Collector Sakti, District Sakti Chhattisgarh 3 - Sub Divisional Officer (Rev)/ Land Acquisition Officer Malkharoda, District Sakti Chhattisgarh 4 - Tahsildar Tahsil Malkharoda, District Sakti Chhattisgarh 5 - Shyam Kumar Patel S/o Late Gourishankar Patel Aged About 45 Years Caste Aghariya, R/o Acharitpali, Tahsil Malkharoda, District Sakti Chhattisgarh ---- Respondents For Petitioner : Mr. Jai Kumar Dewangan, Advocate For State/Respondents No.1 to 4 : Mr. Rishabh Bisen, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/08/2025 2 1. By way of this petition, petitioner sought following relief(s) : “(i) That, this Hon’ble Court may kindly be pleased to quash/set-aside the impugned order dated 16.06.2025 passed by the respondent No.2, in the interest of justice. (ii) That, the Hon’ble Court may kindly be pleased to direct the concerned Respondent No.2 to take permission to register the deed of his land for the purpose of construction of the house for residential purpose within stipulated time, in the interest of justice. (iii) Any other relief, within the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 2. Learned counsel for the petitioner contended that the petitioner is belongings to schedule tribes and is registered owner of the land bearing khasra no. 607/1 in its area 0.1290 hectare which is situated at village Mahuldip, P.H. No. 14, Revenue circle Chhapora, Up-Tahsil Chhapora, Tahsil Malkharoda, District Sakti, Chhattisgarh and he has recorded his name in the revenue record, and he has peaceful possession and enjoying and cultivating paddy and vegetable for livelihood of his family members. The petitioner and his whole family members are residing and living upon his kutcha house, but the such kutcha house has been damaged which is not able kutcha house for residing for the petitioner and his family members, and hence the petitioner wants to construct house for peaceful residing with his family member and the petitioner is very poor person and working as 3 labour for livelihood of his family members and therefore the petitioner needed money for construction of the house for living peacefully with his whole members. The petitioner was always approached same caste person for sale out of his land but the same caste persons have not agreed to purchase his land, then the petitioner has executed sale agreement with the private respondent no. 5 regarding his land area 0.1290 hectare of khasra No. 607/1 for construction of his house for residential purpose and hence the petitioner was filed application before the Collector, Sakti for seeking permission to sell his land. The Collector has dismissed the application of the petitioner only on the basis of less land of 5 acres land area as per Section 165 (2-a) of the Chhattisgarh Land Revenue Code, 1959 which is completely illegal, erroneous and contrary to the material available on revenue record. Hence, this writ petition. 3. Learned State counsel opposes the submission made by learned counsel for the petitioner and contended that the impugned order dated 16.06.2025 passed by the respondent No.2 just and proper and needs no interference. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Considering the facts of the case and submission made by counsel for the respective parties. 4 6. Considering the impugned order passed by Respondent No.2 – Collector, Sakti as under : "छ०ग० भू-राजस्व सं हिता 1959 की धारा 165 की उपधारा 2 (की) की अनुसंरा भूहि हिवक्रय की बाद आहिदवसं की! षकी की पसं की सं की 5 एकीड़ सिंसंचि'ता य 10 एकीड़ असिंसंचि'ता भूहि शेष बा'ता रानु की प्रावधानु *। आवदकी की, आवहिदता भूहि हिवक्रय कीरानु की अनुचिता हिदय जनु परा आवदकी की पसं उक्त प्रावधानु सं की बा'ता भूहि ,ग। इसं प्राकीरा आवहिदता भूहि हिवक्रय की अनुचिता हिदय जनु परा उक्त प्रावधानु की उल्लं घनु ,ग। अता1 आवदकी की आवदनु-पत्र खारिराज हिकीय जता *। प्राकीराण नुस्ता बाद्ध कीरा अभिभूलेखागरा भूज जव" 7. Taking into consideration the fact that the relief which has been sought by the petitioner cannot be granted in exercise of writ jurisdiction and the order impugned passed by respondent No.2 is just and proper, in view of the considered opinion of this Court, no case is made out for any interference. 8. Accordingly, the petition being devoid of any merit is liable to be and is hereby dismissed. Sd/- (Arvind Kumar Verma) Judge Vasant