1 CGHC010343292026 2026:CGHC:39272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4544 of 2026 Prabal Sai Paikra S/o Shri Bijeshwar Paikra, Aged About 68 Years R/o Ward, No. 13, Nagar Panchayat Pamgarh, Police Station And Tehsil Pamgarh, District Janjgir Champa, C. G. ... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary Department Of Revenue Mantralaya, Mahanadi Bhawan Nava Raipur Atal Nagar Raipur District Raipur C. G. 2 - Collector Janjgir District Janjgir Champa, C. G. 3 - Sub Divisional Office (Revenue) Pamgarh, District Janjgir Champa, C. G. 4 - Tehsildar Pamgarh, Tehsil Pamgarh, District Janjgir Champa C. G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ramesh Nayak, Advocate For State/Respondents : Mr. Saumitra Kesharwani, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.09.2026 1. By way of the present writ petition, the petitioner calls in question the legality and validity of the impugned order dated 30.07.2026 (Annexure P-14) passed by respondent No.2 in Revenue Case YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.09.08 17:26:06 +0530 2 No. 202605061100012/A-21/2025-26, whereby the petitioner's application seeking permission under Section 165(6)(ii) of the Chhattisgarh Land Revenue Code, 1959 for sale of land bearing Khasra No.294/8, situated at Village Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, has been rejected. The petitioner has prayed for the following reliefs:- “10.1 That, the Hon'ble Court be pleased to direct the respondents to place all the records of the case for kind perusal of the Hon'ble Court. 10.2 That, the Hon'ble Court be pleased to quash the impugned order dated 30.07.2026 (Annexure P-14) passed in Revenue Case No. 202605061100012/A-21/2025-26 by the respondent no. 2. 10.3 That, the Hon'ble Court may further be pleased to direct the respondent authorities to provide permission to the petitioner for sale of the land bearing Khasra No. 294/8 situated at revenue village Pamgarh, Tahsil Pamgarh, District Janjgir-Champa (C.G.). 10.4 That, such other relief's as the Hon'ble Court deems fit in the circumstances of the case also be granted to the Petitioner.” 2. Learned counsel for the petitioner submits that the application seeking permission for sale of the subject land has been rejected on the ground that, after sale of the said land, the petitioner would not have any other land at Pamgarh. It is submitted that the 3 petitioner is an old-aged person and is suffering from paralysis and, owing to his medical condition, requires substantial funds for his treatment and medical expenses. Learned counsel further submits that the petitioner is having ancestral property at Village Gaarighat, District Jashpur, and intends to utilise the sale consideration of the subject land for obtaining better medical treatment and meeting his financial requirements. 3. Per contra, learned State counsel opposes the submissions advanced by learned counsel for the petitioner and submits that the aforesaid grounds were not duly substantiated before the competent authority. It is submitted that the petitioner did not place on record the relevant documents evidencing his alleged ancestral property at District Jashpur or the medical documents in support of his ailment and the requirement of treatment. It is, therefore, submitted that the impugned order does not call for interference at this stage. 4. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court is of the considered view that the grounds sought to be urged by the petitioner, particularly with regard to his medical condition, his alleged requirement of funds for treatment and the availability of ancestral property at Village Gaarighat, District Jashpur, are relevant considerations which ought to be examined by the competent authority while considering the petitioner's application seeking 4 permission under Section 165(6)(ii) of the Chhattisgarh Land Revenue Code, 1959. It appears that the aforesaid aspects have not been considered in their proper perspective by the competent authority, particularly in the absence of supporting documents having been placed for its consideration. 5. In the circumstances, without expressing any opinion on the merits of the petitioner's claim for grant of permission for sale of the subject land, this Court is of the view that the matter deserves to be reconsidered by the competent authority upon consideration of all the relevant facts and materials which may be placed by the petitioner in support of his claim. Accordingly, the impugned order dated 30.07.2026 (Annexure P-14) passed by respondent No.2 in Revenue Case No. 202605061100012/A-21/2025-26 is hereby set aside and the matter is remanded back to the concerned Collector, Janjgir, District Janjgir Champa for fresh adjudication in accordance with law. 6. The petitioner shall be at liberty to submit a fresh/revised application before the concerned Collector within a period of 15 days from the date of receipt of a certified copy of this order. Along with such application, the petitioner shall be entitled to place on record all relevant documents and materials which he seeks to rely upon, including documents relating to the alleged ancestral property situated at Village Gaarighat, District Jashpur, as well as medical records and other documents evidencing his 5 medical condition, treatment and the financial requirement asserted by him. 7. Upon receipt of such application, the concerned Collector Janjgir, District Janjgir-Champa (C.G.) shall consider the same afresh, independently and strictly in accordance with the provisions of law governing the subject matter. The petitioner shall be afforded due and reasonable opportunity of hearing and shall also be permitted to place such further documents and submissions on record as may be necessary for proper adjudication of his claim. Thereafter, the concerned Collector shall pass a fresh, reasoned and speaking order, dealing with all the relevant contentions raised by the petitioner, preferably within a period of 30 days from the date of receipt of the fresh application. 8. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim, including his entitlement to obtain permission for sale of the subject land. The competent authority shall, therefore, examine and decide the matter uninfluenced by any observation contained in the present order and strictly in accordance with the applicable statutory provisions and the material placed before it. 9. It is further clarified that the setting aside of the impugned order and remand of the matter shall not be construed as a direction to the competent authority to grant permission for sale. The question as to whether such permission is liable to be granted or refused 6 shall be determined by the concerned Collector upon fresh consideration of the petitioner's application and the material available on record, by a duly reasoned and speaking order. 10. With the aforesaid observations and directions, the writ petition is allowed to the aforesaid extent. The impugned order dated 30.07.2026 (Annexure P-14) is set aside and the matter is remanded to the concerned Collector for fresh adjudication in accordance with law. 11. There shall be no order as to costs. Sd/- /- (Amitendra Kishore Prasad) Judge Yogesh