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2026 DAILYLAW 3626 (CHH)

SMT. MALTI BANIK v. STATE OF CHHATTISGARH

WPC/1478/2026 · 2026-04-01

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:15352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1478 of 2026 1 - Smt. Malti Banik W/o Late Manik Lal Banik Aged About 50 Years R/o Ward No. 03 Bangali Para, Gandhi Nagar Ambikapur, District - Surguja, (C.G.) 2 - Pratik Kumar Banik S/o Lt. Manik Lal Banik Aged About 36 Years R/o Ward No. 03 Bangali Para, Gandhi Nagar Ambikapur, District - Surguja, (C.G.) 3 - Shreya Banik D/o Lt. Manik Lal Banik Aged About 34 Years R/o Ward No. 03 Bangali Para, Gandhi Nagar Ambikapur, District - Surguja, (C.G.) 4 - Pankaj Kumar Banik S/o Lt. Manik Lal Banik Aged About 34 Years R/o Ward No. 03 Bangali Para, Gandhi Nagar Ambikapur, District - Surguja, (C.G.) 5 - Tashu Banik D/o Lt. Manik Lal Banik Aged About 21 Years R/o Ward No. 03 Bangali Para, Gandhi Nagar Ambikapur, District - Surguja, (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Atal Nagar, Mahanadi Bhawan, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - The Collector Ambikapur, District - Surguja, (C.G.) ... Respondents {Cause title, as taken from Case Information System} For Petitioners : Mr. Mayank Mulchandani, Advocate. For Respondents : Mr. Saumitra Kesharwani, Panel Lawyer. {Hon'ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 02/04/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- 2 10.1 Issue an appropriate writ, order, or direction, preferably in the nature of Mandamus, directing the Respondents to consider and decide the Petitioner’s application bearing no. 202008020700087/768/ c-121 /2019-2020 dated 13.08.2020 (Annexure P-2) filed under Section 165 (7) of the Chhattisgarh Land Revenue Code, within a time-bound period as may be fixed by this Hon’ble Court; 10.2 Alternatively and without prejudice to the above, this Hon’ble Court be pleased to direct the respondent no. 2 to decide the representation dated 12/3/2026 (Annexure P-1) as expeditiously as possible this Hon’ble Court deems fit in the interest of Justice. 10.3 Grant any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case; 2. Learned counsel appearing for the petitioners submits that Late Manik Lal Banik, who is husband of petitioner No. 1 and father of petitioners No. 2 to 5, was recorded owner of the land bearing Khasra No. 445, area 0.970 hectare, Khasra No. 447/1, area 0.591 hectare and Khasra No. 2, area 1.561 hectare situated at village Fundurdilhari, Tahsil Ambikapur, District Surguja (C.G.), which is rehabilitation land allotted to him by the Central Government. After the death of Late Manik Lal Banik, aforesaid lands have been recorded in the name of petitioners in the revenue records. Late Manik Lal Banik had entered into an agreement to sell in some portion of aforesaid land to Sidhharth Nagwani and Ankit Nagwani for a sale consideration of Rs. 40 lakhs, out of which, he had received Rs.15 lakhs. Subsequently, he (Manik Lal Banik) has expired. But on account of said agreement, petitioners want to sell aforesaid land to said Sidhharth Nagwani and Ankit Nagwani, therefore, they filed an application (Annexure P-2) dated 10.08.2020 before Collector under Section 165 (7) ([k) of CG Land Revenue Code, 1959 seeking permission for the same, to which 3 Collector had sought report from concerned Revenue Authorities, which was submitted to him, thereafter, Collector, Sarguja again sought report on some points vide order dated 07.10.2024, despite that the application (Annexure P-2) filed by the petitioner has not been decided yet. Hence, learned counsel for the petitioners submits that respondent No. 2 be directed to decide application (Annexure P-2) dated 10.8.2020 within stipulated period. 3. Learned counsel for the State submits that though the report was submitted by Revenue Authority before the Collector in respect of application (Annexure P-2) filed by the petitioner, but there was some query raised by the Collector, Sarguja, therefore, the report has again been sought on given points mentioned in the order dated 07.10.2024. However, he submits that the application filed by the petitioner shall be decided expeditiously. 4. Heard learned counsel for the parties and perused the material available on record. 5. An application (Annexure P-2) seeking permission to sell the land in question was filed by the petitioner on 10.08, 2020; thus, more than five years have elapsed, despite that the same has not been decided yet. Therefore, Respondent No. 2 / Collector, Ambikapur, District Surguja, is directed to take a final decision on the application (Annexure P-2) filed by the petitioner on 10.08 2020, as early as possible preferably within a period of 60 days from the date of receipt/presentation of a copy of this order. 6. With the aforesaid observation & direction, the writ petition is disposed of. 7. Pending interlocutory application (s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.04.07 18:25:03 +0530 4