1 2026:CGHC:16782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 890 of 2021 1 - Push Lal S/o Balkaran Sahu Aged About 36 Years R/o Sanjhori, Police Station And Tahsil Sahaspur Lohara, District Kabirdham Chhattisgarh. 2 - Shri Lal S/o Balkaran Sahu Aged About 34 Years R/o Sanjhori, Police Station And Tahsil Sahaspur Lohara, District Kabirdham Chhattisgarh, ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Atal Nagar, Nava Raipur District Raipur Chhattisgarh. 2 - Balkaran Sahu S/o Nandu Sahu Aged About 65 Years R/o Sanjhori, Police Station And Tahsil Sahaspur Lohara, District Kabirdham Chhattisgarh, 3 - State Of Chhattisgarh Through The Collector, Kabirdham, District Kabirdham Chhattisgarh. 4 - The Tahsildar Sahaspur Lohara, District Kabirdham Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Pushpendra Kumar Patel, Advocate. For State/ Res : Shri Sangharsh Pandey, GA. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/04/2026 1. This Writ Petition has been filed against the order dated 07.12.2020 (Annexure P/1) passed by the Collector Kabirdham, District: Kabirdham C.G. in case no. 202007080200012, whereby the learned Collector has dismissed the revision application filed by the petitioners against the order dated 07.03.2020 passed by the Tahsildar, Sahaspur Lohara in revenue case no. 11A-27/2018-19, in E-court AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.04.17 10:51:51 +0530 2 no. 201811080500008, in which, the Tahsildar Sahaspur Lohara dismissed the application of petitioners under section 110 of Chhattisgarh Land Revenue Code to enter the name in the revenue records, in compliance of award dated 09.12.2017 passed by the National Lok Adalat, Kabirdham, Khandpith No. 4. 2. By way of this petition, the petitioners have prayed for the following reliefs:- 10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to issued a writ / or writs / order / or orders / to quashed the order dated 07.12.2020 (Annexure P/1), passed by the collector Kabirdham, District: Kabirdham (C.G.), and further be pleased to direct the respondent Tahsildar to correct the revenue records in view of award dated 09.12.2017, in the ends of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice. 3. Facts of the case in a nutshell are that the petitioners filed the civil suit before the Civil Judge Class II, Kawardha, against the respondents for declaration of title and permanent injunction, which was registered as a Civil Suit no. 53A/1.Both the parties have filed the application under order 23 rule 3, of Civil Procedure code for compromise in the matter before the National Lok Adalat place Kabirdha. The National Lok Adalat Kabirdham, has passed the award dated 09.12.2017, and ordered that, the petitioners are owner and possession holder of land situated at village Saraipatera comprised in Khasra Number 217/02, Rakba 5.00 Acre, and both the petitioners are owner and possession holder of 2.50-2.50 Acre of subject land, and further ordered defendant no. 1/Respondent No.2 herein not to make interference in the possession of the petitioners. On the 3 basis of the award dated 09.12.2017, the petitioners filed the application under section 110 of Chhattisgarh Land Revenue Code before the Tahsildar, Sahaspur Lohara who vide its order dated 07.03.2020, rejected the application holding that the subject land of which the petitioner have been declared owners is a Government Land therefore, it is necessary to hear the Revenue Department and stated that against the said order, it is proper to file an appeal before Collector. Against the order dated 07.03.2020, the petitioners filed the revision application under section 50 of Chhattisgarh Land Revenue Code before the Collector, Kabirdham, District: Kabirdham, who vide its order dated 07.12.2020, rejected the revision petition of the petitioners on the ground that since proposal has been sent to the State Government to file the appeal against the order of National Lok Adalat, therefore, till the time direction from the State Government is obtained for correction of revenue records, it will not be proper to interfere with the impugned order and rejected the revision petition. The impugned order passed by the learned both the courts below are illegal, erroneous and contrary to the law. Hence this Petition. 4. Learned counsel for the petitioners submits that the petitioners are challenging the order dated 07.12.2020 by which the Collector, District Kabirdham has dismissed the revision application filed by the petitioners in an illegal and arbitrary manner which in turn arose out of the order dated 07.03.2020 passed by the Tahsildar, Sahaspur Lohara in revenue case no. 11A-27/2018-19, in E- court no. 201811080500008, in which, the Tahsildar Sahaspur Lohara dismissed the application of petitioners under section 110 of Chhattisgarh Land Revenue Code to enter the name of the petitioners in the revenue records. He submits that the land in question has already been sold to the petitioners as such, the 4 petitioners are entitled to get their name mutated in respect of the subject land. 5. Learned State counsel submits that the impugned order is well merited order as the land in question is a patta (lease) land which was granted as patta to Harilal, who sold the subject property to petitioners without seeking permission from the competent authority under Section 165 (7) of the C.G. Land Revenue Code which is a condition precedent for selling the said government land. When the suit being Civil Suit No.34A/2001 for permanent injunction was filed by the petitioners before the civil Court i.e. Second Civil Judge, Class-1 Kawardha C.G, the same was dismissed holding that the sale itself is not in accordance with law as Harilal has sold the subject Government land to the petitioners without obtaining requisite permission from the competent Authority. Thereafter, when an appeal being Civil Appeal No.128A/2002 has been filed by the petitioners before appellate civil Court, the said Court also confirmed the finding recorded by the concerned civil jurisdictional Court. The judgment passed by the appellate Court and Civil jurisdictional Court has never been challenged by the petitioners and now they have filed an application for mutation which has rightly been rejected by the concerned authority. 6. I have heard learned counsel for the parties and perused the record available with the petition. 7. From the bare perusal of the record, it appears that the land bearing Khasra No.217/1, area 0.90 acre and 2017/2 area 5 acre were recorded as grass land in the revenue records, which means that the said land is a government land. Subsequently, patta land of area 5 acre comprised in Khasra No.217 has been granted to Harilal who sold the said land to the petitioners without obtaining necessary permission from the competent authority as envisaged under Section 5 165 (7) of the C.G. Land Revenue Code, as such, the sale of subject land is itself void and thus, the petitioners cannot get the said land mutated in their name as for selling the government land received by a person on patta, necessary permission is required to be obtained under the law, which in the present case has not been taken by the Harilal and without there being any permission, the said land has been sold. 8. When the sale of land in question itself is not in accordance with law, no mutation order can be passed in favour of the petitioners as such, Tahsildar Sahaspur Lohara has rightly passed the order dismissing the mutation application of the petitioners and the Collector, District Kabirdham has passed a well reasoned order while rejecting the revision application of the petitioner against the order of Tahsildar Sahaspur Lohara. The said orders do not warrant interference by this Court. 9. Accordingly, the Writ Petition being devoid of merits is liable to and is accordingly dismissed. Sd/- (Amitendra Kishore Prasad) Judge Avinash