1. Since common question of law and fact is involved in these two writ petitions, they are heard together and are being disposed of by this common order.

{For the sake of convenience, W.P.(C) No.3139/2017 (Mohan Lal Sahu v. State of Chhattisgarh and others) is taken as lead case and facts involved therein are dealt with herein-below: -}

2. The petitioner herein purchased a piece of agricultural land at Village Raipura, Distt. Raipur bearing Khasra No.644/56, area 0.011 hectare (0.3 decimal), thereafter, he made an application under Sections 109 and 110 of the Chhattisgarh Land Revenue Code, 1959 (for short, 'the Code') for mutation of his land in the revenue records. Learned Additional Tahsildar, Raipur, by its order dated 4-7-2017, rejected the application relying upon the memo dated 11-6-2014 issued by the State of Chhattisgarh and the circular dated 11-12-2014 issued by the Collector, Raipur, stating inter alia that the petitioner being purchaser of land less than 0.5 decimal, mutation cannot be done in his favour. Feeling aggrieved against the said order, this writ petition has been filed stating inter alia that such a rejection by the Additional Tahsildar is without jurisdiction and without authority of law.

3. This Court issued notices and directed the Collector, Raipur to file his own affidavit with regard to the circular dated 11-12-2014 and the memo dated 11-6-2014 issued by the State of Chhattisgarh, which has been filed stating inter alia that in view of bar contained in the rules framed under Sections 70 and 98 of the Code, formation of subdivision with an area less than 0.05 acre of land is prohibited by issuing appropriate guidelines.

4. No rejoinder has been filed.

5. Mr. C.R. Sahu, learned counsel for the petitioner, would submit that the order of the learned Additional Tahsildar is bad in law, as the Transfer of Property Act does not bar such a transfer of less than 0.05 acre of land and Sections 109 and 110 of the Code permit mutation of such an area of land in favour of the petitioner. Apart from that, the statutory provisions contained in Sections 109 and 110 of the Code cannot be curtailed by executive instructions issued by the State Government dated 11-6-2014 and by the Collector dated 11-12-2014. Therefore, the order of the Additional Tahsildar be set aside and it be directed that mutation be done in favour of the petitioner.

6. Mr. Arun Sao, learned Deputy Advocate General and Mr. Ratan Pusty, learned Government Advocate appearing for the State/ respondents, would vehemently oppose the submissions of learned counsel for the petitioner and submit that once the rule framed under Sections 70 and 98 of the Code bars the formation of sub-division with an area less than 0.05 acre of land for the purpose of survey and for the purpose of fixing the standard rates of assessment, mutation is also barred and the circular rightly directs barring mutation of land if a particular person purchases land less than 0.05 acre, as such, the writ petition deserves to be dismissed.

7. I have heard learned counsel for the parties and also considered the rival submissions made herein-above and went through the record with utmost circumspection.

8. Admittedly, the petitioner has purchased agricultural land less than 0.05 acre. The Transfer of Property Act, 1882 does not prohibit such a transfer as such, the title is validly passed in favour of the purchaser of such land. The Chhattisgarh Land Revenue Code, 1959 which is a procedural law has been enacted as an Act to consolidate and amend the law relating to land revenue, the powers of Revenue Officers, rights and liabilities of holders of land from the State Government agricultural tenures and other matters relating to land and the liabilities incidental thereto in Chhattisgarh. Section 109 of the Code provides for acquisition of rights to be reported which states as under:-

“109. Acquisition of rights to be reported.-(1) Any person lawfully acquiring any right or interest in la