Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 7084 (CHH)

SANTLAL GUPTA v. STATE OF CHHATTISGARH

WPC/5649/2025 · 2026-04-21

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:18490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5649 of 2025 1 - Santlal Gupta S/o Badulli Gupta Aged About 59 Years R/o 219 Near Vijay Tent House, Civic Center Bhilai, District Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh 2 - The Collector Durg District Durg Chhattisgarh 3 - The Sub Divisional Officer (R) Durg, District Durg Chhattisgarh 4 - District Registrar Durg, District Durg Chhattisgarh 5 - Deputy Registrar Durg, District Durg Chhattisgarh 6 - Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District Durg Chhattisgarh ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Purnendra Khichariya, Advocate. For Respondent(s)/State : Mr. Amit Nayak, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22/04/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, This Hon'ble Court may kindly be pleased to issue appropriate writ and quash/set-aside the impugned order dated 02.05.2023 (Annexure P-1) to the extent of petitioner land in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to issue a writ, order or direction of mandamus directing the respondent authorities to not interfere with peaceful possession of the petitioner over the disputed land in question and for not issuing any order curtailing the petitioner right to property under Article 300-A of the Constitution of India including right to further alienate the disputed land. 10.3 This Hon'ble Court may kindly be pleased to call for the entire records of the instant case and of land for kind perusal of this Hon'ble Court. 10.4 Any other relief which this Hon'bie Court deem fit and proper may also kindly be granted to the petitioner in the interest of justice.” 3 2. Learned counsel appearing for the petitioner submits that the petitioner is registered owner of land bearing Khasra No. 366/1, area 0.3390 sq feet situated at village Umarpoti, Patwai Halka No. 52, R.N. Utai, Tehsil-Durg, District Durg (C.G.). He wants to sell aforesaid land, but Registrar refused to get execute the sale deed in respect of petitioner's land on the ground that Collector, Durg has passed impugned order (Annexure P- 1) dated 2.5.2023 whereby selling and purchasing of the lands situated at village Umarpoti has been prohibited on account of illegal plotting. He further submits that because of some financial need, the petitioner wants to sell aforesaid land, hence, the Collector, Durg may be directed to permit the petitioner to sell the same. 3. Learned State Counsel, on instructions, would submit that if the petitioner wishes to sell the aforesaid land within permissible limit, then the State / Revenue Authorities have no objection to allow the contention of the petitioner and he may permitted to sell his land owned by him within permissible limit of land transaction without any illegal plotting. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. Perusal of the pleading and documents, it is evident that the order of restriction of sale and purchase has been imposed by the authorities in order to prevent the illegal plotting. Since the petitioner wishes to sell his total land owned by him within permissible limit of land transaction, hence, there is nothing left to 4 adjudicate the issue at this stage, hence, it is directed that the petitioner be permitted to sell his aforesaid land within permissible limit of land transaction. 6. With the aforesaid observations & directions, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat