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2026 DAILYLAW 3711 (CHH)

KUMODINI HALDAR v. STATE OF CHHATTISGARH

WPC/1515/2026 · 2026-04-08

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2026:CGHC:16322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1515 of 2026 1 - Kumodini Haldar W/o Late Devendra Haldar Aged About 86 Years R/o Schoolpara, Bhagwanpur, Tehsil Ambikapur, District- Surguja, C.G. 2 - Tarak Haldar S/o Devendra Haldar Aged About 50 Years R/o Schoolpara, Bhagwanpur, Tehsil Ambikapur, District- Surguja, C.G. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nava Raipur, Distt.- Raipur, Chhattisgarh 2 - The Commissioner Surguja Division, Ambikapur, Distt.- Surguja, C.G. 3 - The Collector Ambikapur, Distt.- Surguja, Chhattisgarh 4 - Sub-Divisional Officer (R) Ambikapur, Distt.- Surguja, Chhattisgarh 5 - Tehsildar Ambikapur, Distt.- Surguja, Chhattisgarh 6 - Deputy Registrar Ambikapur, Distt.- Surguja, Chhattisgarh 7 - Sourabh Agrawal S/o Jugal Kishor Aged About 48 Years R/o- Village Maharani Laxmi Bai Ward No. 9, Banaras Chowk, Jawahar Market, Ambikapur, Tehsil Ambikapur Distt.- Surguja, Chhattisgarh ... Respondents (cause title downloaded from CIS Periphery) 2 For Petitioners : Mr. Neeraj Kumar Mehta, Advocate For State/Respondent No.1 to 6 : Mr. Amit Nayak, Panel Lawyer Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 09-04-2026 1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- "10.1 That, the Hon'ble Court may be pleased to issue a writ, order of direction or any other appropriate writ direction to Respondent No. 3 to expeditiously decide the petitioners' application for permission to sell the rehabilitation land under Section 165(7-B) of the Chhattisgarh Land Revenue Code, 1959 (Annexure P-1) bearing Proceeding No. 202405021700150 of 2023-2024, Class- B-121 pending since 2024 in expedited manner in outer limit of 15 day looking to the medical condition of the petitioners' mother and need of fund; 10.2 Any other relief, which this Hon'ble Court deems fit in the facts and circumstances, may also be granted in favour of the petitioners.” 2. By way of this writ petition, petitioners are seeking issuance of direction to respondent No.3/Collector, Ambikapur, District Surguja to decide the application Annexure P-1. 3. Learned counsel for the petitioners would submit that, the petitioners are the owner and in possession of the land bearing khasra No.107 and 108 measuring area 0.440 hectare and 0.640 hectare respectively, total land measuring 1.08 hectare. The said land is situated in village Nehrunagar, 3 Ambikapur, Tahsil Ambikapur, District Surguja (Chhattisgarh). He would further submit that on account of need of money for medical treatment and education of children, petitioners have entered into an agreement to sell 0.440 hectare of aforesaid land with respondent No.7. They have also received amounting to Rs.10 lakhs in advance. Hence, petitioners filed application under Section 165(7-B) of the Chhttisgarh Land Revenue Code on 09.05.2024 (Annexure P-1) before the Collector, Ambikapur, District Surguja for permission to sell 0.440 hectare of aforesaid land. The aforesaid land is a rehabilitation land. The Collector has also sought reports from concerned Revenue Authority, despite that application Annexure P-1 has not been decided yet. Hence, learned counsel for the petitioners would submit that respondent No.3/Collector, Abmikapur, District Surguja be directed to decide application Anneuxre P/1 within stipulated period. 4. Learned State counsel would submit that the reports were called from the Revenue Authorities in respect of application filed by the petitioners. Thus, application is under consideration which shall be decided at the earliest in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having considered the limited prayer of the petitioners, without going into merits of the case, this petition is disposed of directing respondent No.3/Collector, Ambikapur, District Surguja to decide application 4 Annexure P/1 dated 09.05.2024 filed by the petitioners, as early as possible preferably within ‘60 days’ from the date of receipt of copy of this order. 7. With the aforesaid observation/direction the petition stands disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Vasant