1 2026:CGHC:22471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2396 of 2026 1 - Ashok Sarkar S/o. Late Amulya Sarkar Aged About 57 Years R/o. Village Bangalipara, Chathirma, Police Station Gandhinagar, Tehsil Ambikapur, District- Surguja Chhattisgarh. 2 - Ajit Sarkar S/o. Late Amulya Sarkar Aged About 56 Years R/o. Village Bangalipara, Chathirma Police Station Gandhinagar, Tehsil Ambikapur, District- Surguja Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan Nava Raipur, Dist.- Raipur (C.G.) 2 - The Commissioner Surguja Division, Ambikapur, District- Surguja (C.G.) 3 - The Collector Ambikapur, District- Surguja (C.G.) 4 - Sub-Divisional Officer (R) Ambikapur, District- Surguja (C.G.) 5 - Tehsildar Ambikapur Dist.- Surguja (C.G.) 6 - Deputy Registrar Ambikapur Office Of Registrar Ambikapur, District- Surguja (C.G.) Digitally signed by SHAYNA KADRI 2 7 - Anmol Agarwal S/o. Vinod Agarwal Aged About 23 Years R/o. Hanuman Rice Mill, M.G. Road, Ambikapur, Police Station And Tehsil, Ambikapur, District- Surguja, Chhattisgarh. ... Respondent(s) (Cause Title is taken from CIS System) For Petitioners : Mr. Sajal Kumar Gupta, Advocate For State : Ms. Anusha Naik, Dy. Govt. Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/05/2026 1. The petitioners have filed this writ petition seeking following reliefs: “10.1 Issue an appropriate writ, order or direction directing Respondent No. 3 Collector, Surguja, to decide the petitioner's application for grant of permission to sell rehabilitation land under Section 165(7-B) of the Chhattisgarh Land Revenue Code, dated 09.05.2023, which is pending since three years, within a stipulated time frame, preferably within an outer limit of 15 days; 3 10.2 Pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. And for this act of kindness, the petitioner as in duty bound shall ever pray.” 2. Facts of the case, as projected, are that the petitioners have filed the present writ petition stating that they are the recorded joint owners and persons in possession of the land bearing Khasra No. 351 and 314/1 admeasuring 0.7400 hectare and 0.5500 hectare respectively, situated at Village Chathirma, Thana Gandhinagar, Tehsil Ambikapur, District Surguja, Chhattisgarh, which was originally allotted by the Rehabilitation Department, Government of India. The said property devolved upon the petitioners by way of succession after the death of their father late Amulya Sarkar. The names of the petitioners and their deceased mother late Sandhya Sarkar are duly recorded in the revenue records as Bhumiswamis and occupants of the land in question. It has been pleaded that due to acute financial hardship arising out of the requirement for construction of a residential house and repayment of medical loans incurred for treatment of their late father, the petitioners decided to alienate a portion of the aforesaid rehabilitation land. Consequently, the petitioners entered into an 4 agreement to sell approximately 80 decimals of land out of Khasra No. 351 in favour of the private respondent for a consideration of Rs.10,00,000/-, out of which an advance amount of Rs.1,00,000/- has already been received. Since the land in question is rehabilitation lease land, prior permission under Section 165(7-B) of the Chhattisgarh Land Revenue Code is necessary before execution of the sale deed. The petitioners further submit that an application seeking permission to sell the aforesaid land was submitted before the Collector, Surguja on 09.05.2023. Pursuant thereto, Revenue Proceeding No. 202306021700004, Class A-21, was registered and the matter was forwarded to the competent authorities for inquiry and submission of reports. It is stated that the Tehsildar concerned conducted the necessary proceedings, public notice was issued in the newspaper inviting objections and no objection was received from any quarter. Reports from the concerned authorities including the Deputy Registrar and other revenue authorities were also submitted before the Collector recommending consideration of the application in accordance with law. According to the petitioners, despite completion of all procedural formalities and submission of favourable reports, the application filed by them remains pending before the Collector since 09.05.2023, causing serious financial hardship and prejudice to them. Hence, the present writ petition has been 5 preferred seeking a direction to the Collector to decide the pending application expeditiously. 3. Learned counsel for the petitioners submits that the petitioners are bona fide recorded landholders and legal successors of the original allottee of the rehabilitation land. It is contended that the petitioners are facing severe financial difficulties on account of construction of a residential house and repayment of medical liabilities incurred during treatment of their deceased father and, therefore, they were compelled to enter into an agreement for sale of a portion of the land. Learned counsel further submits that the petitioners have already complied with all statutory and procedural requirements contemplated under Section 165(7-B) of the Chhattisgarh Land Revenue Code. The application seeking permission for transfer of the rehabilitation land was submitted before the Collector on 09.05.2023 and all requisite inquiries, reports, statements, panchnama proceedings and publication of public notice have already been completed long back. It is further submitted that no objections were received pursuant to the public notice issued by the authorities and the competent officers have also submitted favourable recommendations before the Collector. It is argued that despite completion of all formalities, the Collector has failed to pass any order on the petitioners’ application for an inordinately long period, which is arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India. Learned 6 counsel submits that the authorities are under an obligation to decide such application within a reasonable time and the continued pendency of the matter is causing grave prejudice to the petitioners. Learned counsel also places reliance upon an order passed by this Court in WPC No. 109 of 2026 in a similar matter wherein the Collector was directed to decide the pending application within a stipulated period. It is, therefore, prayed that an appropriate direction be issued to the concerned Collector to decide the petitioners’ pending application expeditiously. 4. Learned State counsel, opposing the petition, submits that the land in question is rehabilitation lease land and transfer thereof is governed by the provisions of Section 165(7-B) of the Chhattisgarh Land Revenue Code. It is submitted that before granting permission for transfer of such land, the competent authority is required to examine various factual and legal aspects including the nature of the patta, entitlement of the applicants, compliance of statutory conditions and the effect of the proposed transfer upon the terms of allotment. Learned State counsel further submits that the matter is presently pending consideration before the Collector, Surguja and the competent authority shall take an appropriate decision strictly in accordance with law after considering all relevant records and materials available on record. It is submitted that if this Court deems fit, an appropriate direction 7 may be issued to the Collector for expeditious disposal of the pending application. 5. Having heard learned counsel for the parties and upon perusal of the material available on record, it is evident that the petitioners have filed an application dated 09.05.2023 before the Collector, Surguja seeking permission under Section 165(7-B) of the Chhattisgarh Land Revenue Code for transfer of the rehabilitation land in question. It also appears from the pleadings that various reports and inquiry proceedings have already been undertaken by the concerned authorities and the matter is presently pending consideration before the Collector. 6. This Court is not inclined to enter into the merits of the claim raised by the petitioners or record any finding regarding entitlement of the petitioners for grant of permission to transfer the land in question. The same falls within the domain of the competent authority, who is required to examine the matter independently in accordance with law. However, considering the facts and circumstances of the case, particularly the fact that the application submitted by the petitioners on 09.05.2023 is still pending consideration before the Collector, this Court deems it appropriate to dispose of the present petition with a direction to the concerned Collector to consider and decide the pending application of the petitioners strictly in accordance with law, expeditiously. 8 7. While deciding the matter, the Collector shall also consider the nature of the patta granted in favour of the petitioners and all other relevant aspects governing transfer of rehabilitation lease land. 8. Accordingly, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge