1 2026:CGHC:18288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1789 of 2026 1 - Parimal S/o Sukharanjan, Aged About 45 Years Present Resident Of Village - Fundurdihari, Police Station Gandhinagar, Tehsil- Ambikapur District- Surguja (Chhattisgarh), Permanent Residence Of Village Jharna Aaur, District- Bardhaman West Bengal. 2 - Pushpa Rani W/o Sukharanjan, Aged About 63 Years Present Resident Of Village - Fundurdihari, Police Station Gandhinagar, Tehsil- Ambikapur District- Surguja (Chhattisgarh), Permanent Residence Of Village Jharna Aaur, District- Bardhaman West Bengal. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through -Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nava Raipur, District- Raipur (C.G.). 2 - The Commissioner, Surguja Division, Ambikapur, District- Surguja, (C.G.). 3 - The Collector, Ambikapur, District- Surguja, (C.G.) 4 - Sub Divisional Officer (R), Ambikapur, District- Surguja, (C.G.) 5 - Tehsildar, Ambikapur, District- Surguja, (C.G.) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 6 - Deputy Registrar Ambikapur, Ambikapur, District- Surguja, (C.G.) 7 - Ashish Agarwal, S/o- Satyanarayan Agarwal, Aged About 36 Years R/o- Kundla City Agrasen Ward, Ambikapur, Police Station And Tehsil Ambikapur, District- Surguja, (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Sajal Kumar Gupta, Advocate. For Respondent(s)/State : Dr. Arham Siddiqui, Panel Lawyer. 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:- “a) Issue an appropriate writ, order or direction directing Respondent No. 3 Collector, Surguja, to decide the petitioner's application for grant of permission to sell rehabilitation land under Section 165(7-B) of the Chhattisgarh Land Revenue Code, dated 22.11.2021, which is pending since five years, within a stipulated time frame, preferably within an outer limit of 15 days; b) Pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Brief facts of the case, is that, the present writ petition under Article 226 of the Constitution of India has been filed by the 3 petitioners seeking issuance of an appropriate direction to respondent No. 3, namely the Collector, Surguja, to decide their pending application dated 22.11.2021 for grant of permission to sell rehabilitation land under Section 165(7-B) of the Chhattisgarh Land Revenue Code; that the petitioners are the recorded co- owners and are in possession of the rehabilitation land situated at Village Fundurdihari, Tehsil Ambikapur, District Surguja, which was originally allotted to their predecessors by the Rehabilitation Department, Government of India, and thereafter devolved upon them; that owing to financial necessity, including the requirement for construction of a residential house, the petitioners entered into an agreement to sell a portion of the said land to a private respondent after receiving part consideration, subject to obtaining prior permission from the competent authority; that accordingly, the petitioners submitted an application dated 22.11.2021 before the Collector, Surguja, and pursuant thereto, revenue proceedings were initiated before the concerned Tehsildar, wherein all statutory formalities, including issuance and publication of notice, conduct of inquiry, recording of statements, and submission of reports by the competent authorities, were duly completed during the years 2022–2023, and no objections were received from any quarter, with all reports being favourable to the petitioners; that despite completion of the entire statutory process and repeated representations made by the petitioners, the Collector has failed to take any final decision on the said application for more than 4 four years, thereby causing serious financial hardship and prejudice to the petitioners; that such inaction on the part of the respondent authority is arbitrary, unreasonable, and violative of Articles 14 and 21 of the Constitution of India, amounting to failure to exercise jurisdiction vested in it; and that, having no other efficacious alternative remedy, the petitioners have approached this Hon’ble Court seeking a direction for expeditious disposal of their pending application within a stipulated time frame. 3. 3. Learned counsel for the petitioner submits that the petitioner had filed an application seeking permission to sell rehabilitation land under Section 165(7-B) of the Chhattisgarh Land Revenue Code, which is presently pending consideration before the concerned Collector, Ambikapur, District Surguja; it is further submitted that the said application was filed as far back as 22.11.2021 pursuant to which the concerned Tahsildar initiated proceedings, as is evident from the order sheets placed on record by the petitioner, however, despite the lapse of more than five years, no final order has been passed by the competent authority; therefore, the limited prayer of the petitioner is that this Hon’ble Court may be pleased to direct the concerned Collector to consider and decide the aforesaid application expeditiously, keeping in view the considerable delay and the fact that the application has remained pending for over five years. 4. On the other hand, learned counsel appearing for the State submits that the matter may appropriately be disposed of by 5 issuing a direction to the concerned Collector to consider and decide the petitioner’s pending application expeditiously, in accordance with law, within a reasonable time frame. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, and further taking into account that the application in question was filed as far back as 22.11.2021, pursuant to which proceedings have already been initiated—as is evident from the order sheets placed on record—and that even after submission of the report by the SDO (Revenue), Ambikapur, District Surguja, vide order dated 8.12.2022, no final decision has yet been taken regarding grant of permission, it is deemed appropriate to direct the concerned Collector, Ambikapur, District Surguja, to consider and decide the said application strictly in accordance with law, within a period of 45 days from the date of receipt of copy of this order. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat