Extracted from the PDF above. The PDF is authoritative.
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CGHC010247752026
2026:CGHC:27661
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3445 of 2026 Derha Yadav S/o Parau Yadav Aged About 66 Years R/o Village Barbhawar, Tahsil Bodla, District Kabirdham Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 2
- Collector,
Kawardha
District
Kabirdham
Chhattisgarh 3 - Sub-Divisional Officer (Revenue) Bodla, District Kabirdham Chhattisgarh 4 - Naib Tahsildar Tahsil - Bodla, District Kabirdham Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Chandrikaditya Pandey, Advocate For Respondent(s) : Mr. Soumitra Kesharwani, Panel Lawyer
SB: Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 06/07/2026 SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.08 11:14:51 +0530
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1. Heard.
2. By way of this petition, the petitioner seeks the following reliefs : 10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the petitioner's case for kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of certiorari quashing the impugned
order dated 24.02.2026 (Annexure P-1) passed by the Respondent No. 2/Collector, District Kabirdham (C.G.) 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus directing the Respondent No. 2/Collector, District Kabirdham (C.G.) to reconsider and grant permission to the Petitioner for sale of land bearing Khasra No. 40/4, admeasuring 0.162 Hectares (40 Decimals), situated at Village Village Varbhawanr (Barmawanr), Tahsil Bodla, District Kabirdham (C.G.), in accordance with law; 10.4 That, any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. 3. Learned counsel for the petitioner submits that the petitioner has challenged the order dated 24.2.2026 passed by the Collector, Kabirdham. By the impugned order, the application of the petitioner seeking permission to sell an area of 0.40 acre out of the land bearing Khasra No.40/4, admeasuring 0.566 hectares, was rejected. The concerned Collector observed that post sale, the petitioner would be left with an insufficient portion of land to sustain his livelihood. Furthermore, the petitioner had failed to file documents regarding Patta granted to him. He submits that the
3 application was rejected in a cursory manner and therefore, the matter requires reconsideration. 4. Per contra, learned counsel for the State submits that if the petitioner files a fresh application along with a copy of the Patta granted to him as well as evidence to show that his livelihood would not be adversely affected by the sale of the aforesaid portion of land, the application shall be reconsidered in accordance with law. 5. Considering the facts and circumstances of the case and also considering the grounds mentioned in the impugned order dated 24.2.2026, the ends of justice would be served by granting liberty to the petitioner to file a fresh application. Accordingly, the petitioner is granted liberty to file such an application along with the relevant documents, a copy of the Patta and evidence to demonstrate that his livelihood would not be adversely affected after the sale of the land admeasuring 0.40 acre, within a period of 30 days from the date of receipt of a certified copy of this order. In turn, the concerned Collector shall consider and decide the said application, if any, in accordance with law within a further period of 30 days from the date of receipt of the said application. 6.
With the aforesaid observations/directions, the Petition is finally
disposed of. Sd/-
(Amitendra Kishore Prasad) Judge Shyna Ajay