1 CGHC010252882026 2026:CGHC:27676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3467 of 2026 1 - Mahendra Pal Padwar S/o Late C.L. Padwar Aged About 40 Years Caste Panika R/o Juna Lakhanpur, P.S. And Tehsil Lakhanpur, District- Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - Collector, Ambikapur, District- Sarguja (C.G.) 3 - Sub Divisional Officer (Revenue) Udaypur, District- Sarguja (C.G.) 4 - Tahsildar, Lakhanpur, District- Sarguja (C.G.) 5 - Rakesh Kumar Rajak S/o Late Deenbandhu Prasad Rajak Aged About 55 Years 6 - Smt. Jindo Bai W/o Late Chamru Aged About 65 Years Caste Khadia 7 - Ram Bali S/o Late Chamru Aged About 65 Years Caste Khadia. All are R/o Ward No. 07, Juna Lakhanpur, P.S. And Tehsil Lakhanpur, District- Sarguja (C.G.) ... Respondent(s) For Petitioner(s) : Shri Ramcharan Sahu, Advocate. For State : Shri Shreyansh Mehta, PL. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/07/2026 1. Petitioner by way of this petition has prayed for the following reliefs: (i) That, the Hon'ble Court may kindly be pleased to direct the concerned respondent authorities to expeditious decide Revenue Case No. 10/B-121/2024-2025 (parties being AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.08 14:41:28 +0530 2 Mahendra Pal Padwar Vs. Rakesh Kumar Rajak and others) within stipulated time, in the interest of justice. (ii) Any other relief, which 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 submits that petitioner being a tribal had filed an application under Section 170B (Reversion of land of members of aboriginal tribe which was transferred by fraud) of the CG Land Revenue Code before the SDO (Revenue) Ambikapur, in respect of land bearing Khasra No.57/1 , patwari halka No.13, village Junalakhanpur, Tehsil Lakhanpur, District Surguja, against private respondents herein. 3. Learned counsel for the petitioner submits that the said case came to be dismissed for want of prosecution on 29.05.2018. For restoration of the same, the petitioner approached the Collector who vide order dated 14.11.2024 directed the SDO Udaypur to restore Revenue Case No.20/A- 23/2015-16 and hear the same on merits. 4. Learned counsel for the petitioner submits that after restoration of the case, the matter was taken up on 28.01.2025, the SDO issued notice. On 25.03.2026, no proceeding was conducted. He submits that next date was fixed for 15.04.2026 but no substantial progress has been made in the matter. As such, the SDO (Revenue) Udaypur District Surguja may be directed to expedite proceedings in application under Section 170B of the CGLRC. 5. Learned State counsel submits that appropriate direction may be issued and State authorities will comply the same. 6. It is undisputed that Section 170B is a special provision under the CGLRC which aims to protect the land rights of Scheduled Tribe members by 3 preventing illegal or fraudulent transfers of tribal land. It provides for the restoration of unlawfully transferred land to the original tribal owner or their legal heirs and places the burden of proving lawful possession on the person occupying the land. The provision aims to preserve the economic and social security of tribal communities by ensuring that tribal land remains with them unless legally transferred. It also establishes a speedy revenue remedy through the Sub-Divisional Officer (SDO), avoiding the need for prolonged civil litigation. 7. Moreover, the special provision contemplates adjudication in accordance with law within a stipulated time frame, prolonged pendency of the proceedings would frustrate the legislative intent of ensuring the prompt restoration of tribal land. Keeping an application under Section 170-B pending would frustrate the very object of the provision, which was enacted to safeguard the interests of the tribal community by ensuring the prompt restoration of unlawfully transferred tribal land. 8. Accordingly, the SDO (Revenue) Udaypur, District Surguja is directed to proceed in the matter (Revenue Case No.20/A-23/2015-16) expeditiously and conclude the same within period of 4 months from the date of receipt of copy of this order, after giving due opportunity of hearing to the parties. 9. Petitioner is directed to file appropriate application for urgent hearing along with copy of this order before the SDO within 15 days. 10.With the aforesaid direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash