Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:18278
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1708 of 2026 1 - Khelawan Sahu S/o Shri Fekuram Sahu Aged About 44 Years R/o Bhawani Nagar, Simga Nagar Palika , Simga, District- Balodabazar- Bhatapara, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur Chhattisgarh 2 - Collector, Balodabazar, District- Balodabazar- Bhatapara, Chhattisgarh 3 - Sub Divisional Officer, (Revenue) Simga, District- Balodabazar- Bhatapara,
Chhattisgarh 4 - Tahsildar Simga, District- Balodabazar- Bhatapara, Chhattisgarh 5 - Nagar Palika Parishad Simga Through Its Chief Municipal Officer Simga,
District-
Balodabazar-
Bhatapara,
Chhattisgarh 6 - Feku Ram Sahu S/o Bishambar Sahu Aged About 78 Years R/o Ward No. 1, Bhavani Nagar Simga, Tehsil Simga District- Balodabazar- Bhatapara,
Chhattisgarh RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT
2 7 - Smt. Gajara Bai Sonkar W/o Shri Manohar Sonkar Aged About 38 Years R/o Ward No. 02, Killa Para Simga, Tehsil Simga District- Balodabazar- Bhatapara, Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Punit Ruparel, Advocate. For Respondent(s)/State : Mr. Shreyansh Mehta, 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:-
“10.1 That the Hon'ble Court may kindly be pleased to direct the respondent No. 3 and 5 to decide the representation / objection dated 20.01.2026 (Annexure P-3) made by petitioner to them. 10.2 That the Hon'ble Court may kindly be pleased to direct the respondent authority to take appropriate step for securing the aforesaid government land. 10.3 That the Hon'ble Court may kindly be pleased to call the entire record pertaining to the case of the petitioner. 10.4 Any other relief, which may deem fit and proper in the circumstances of the case, in the interest of justice.”
2. Brief facts of the case, is that, the petitioner is not aggrieved by any specific order; rather, his grievance arises from the illegal and unauthorized act of his father, respondent No. 6, who has sold the
3 government patta land bearing Khasra No. 1172, admeasuring 42.70 sq. meters, situated at Village Simga, PH No. 15, R.N.M., Tehsil Simga, District Balodabazar-Bhatapara, without obtaining prior permission or consent from the competent authority, despite the fact that the said land belongs to the State Government and was granted under a specific scheme vide order dated 18.08.2018 passed in Revenue Case No. 5-A/66 of the year 2017–18, on which land the entire family, including the petitioner, has been residing; however, with mala fide intention and due to defects in the revenue records showing the name of respondent No. 6 as the landowner, the said respondent executed a registered sale deed in favour of respondent No. 7 on 02.01.2026. It is further submitted that respondent No. 6 already possesses alternative land, as is evident from the Form B-1 Kistabandi Khatoni for the year 2023–24 bearing Khasra No. 1353/2, admeasuring 0.1680 hectares, situated at Village Kachalon, PH No. 00014, R.N.M. Simga, Tehsil Simga, District Balodabazar-Bhatapara, which demonstrates that he had sufficient land for his rehabilitation; nevertheless, he was granted the aforesaid patta land for the survival of his family, where all family members reside together. In clear violation of the provisions of Section 165 of the Chhattisgarh Land Revenue Code, respondent No. 6 has deprived the petitioner of the said leasehold land by selling it to respondent No. 7 without obtaining prior approval from the competent authority. The petitioner has already raised objections before respondent
4 Nos.
3 and 5; however, no action has been taken by the authorities till date, thereby compelling the petitioner to approach this Hon’ble Court by way of the present petition. 3. Learned counsel for the petitioner submits that respondent No. 6 has illegally alienated the government land in favour of respondent No. 7 without obtaining prior permission of the competent authority, as mandated under Section 165 of the Chhattisgarh Land Revenue Code. Upon a query being put by this Hon’ble Court, it is further submitted that the petitioner is merely a complainant in the matter and, upon acquiring knowledge of the said unauthorized transaction, he promptly lodged a complaint before the concerned authorities; however, the same has not been duly considered or acted upon by the respondent authorities till date. 4. On the other hand, learned counsel appearing on behalf of the State has opposed the same with considerable force, contending that the submissions advanced on behalf of the petitioner are misconceived, devoid of merit, and untenable in law as well as on
facts, and has accordingly urged that the reliefs sought by the petitioner do not warrant any interference by this Hon’ble Court.
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 petitioner, being merely a complainant, may not possess the requisite locus standi to maintain the present
5 proceedings, yet in view of the fact that he has brought to the notice of this Court an issue pertaining to the absence of prior permission as required under the provisions of the Chhattisgarh Land Revenue Code, this Court deems it appropriate to direct the concerned respondent authorities to examine the matter and pass a reasoned and appropriate order strictly in accordance with law, after affording due opportunity of hearing to respondent Nos. 6 and 7.
7. With this observation and direction, the writ petition is disposed of.
Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat