SANJAY K.AGRAWAL
State of Chhattisgarh, Through the Collector – Appellant
Versus
Pawan Chauhan, S/o Late Shri Chintaram Chauhan – Respondent
1. The short question involved in the writ petition is, whether the Board of Revenue has power and jurisdiction under Section 8 of the Chhattisgarh Land Revenue Code, 1959 (for short, 'the Code') to consider and grant application for permission to sell the land under Section 165(6)(ii) of the Code, in light of the fact that Section 8 of the Code only confers administrative jurisdiction to the Board of Revenue?
2. Pawan Chauhan – respondent No.1 herein is said to have entered into agreement to sale with respondents No. 2 to 7 on 5-6-2010 for purchase of their land situated at Village Bade Atarmuda, Patwari Halka No.13, Tahsil and District Raigarh, total area 0.817 hectare, and thereafter, on 6-10-2010, made an application under Section 8 of the Code before the Board of Revenue stating inter alia that the said sellers – respondents No.2 to 7 belong to Kharia caste and they can sell the land without leave of the Collector and the restriction imposed by the Collector for selling the land is also illegal and therefore permission be granted to sell the land relaxing the ban imposed by the Collector. The Board of Revenue without notice to the State and the Tahsildar as impleaded in
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