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DEEPAK KUMAR TIWARI
Tarachand Yadav S/o Tulsi Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. This Petition has been filed under Article 227 of the Constitution of India against the order dated 28.12.2022 (P-1) passed by Collector, Balrampur-Ramanujganj in Revenue Revision Case No. 202110272200021 (14/A-21/2022-23) wherein invoking the suo-motu revisional power under Section 50 read with Section 165(7-b) of the C.G. Land Revenue Code, 1959 (hereinafter referred as ‘the Code’) as respondent No. 6 Ramvilok had alienated the land by way of registered sale deed without the permission of the Collector in favour of the petitioner along with other respondents 7 to 17 was declared void and the Patta land was returned in favour of the respondent No. 6.
2. Brief facts of the case are that the petitioner had purchased a land bearing Khasra No. 32/6, area 0.03 hectare situated at village Semli, P.H. No. 11, R.C. Balrampur, District Balrampur-Ramanujgaj (C.G.) by way of registered sale deed dated 11.03.2014 from Ramvilok(respondent No. 6). Thereafter, the name of the petitioner was duly entered in the revenue record by the competent authority. The aforesaid land was leased out to respondent No. 6 under the scheme of State Government, for issuance of the patta/lease. In Revenue
The main legal point established in the judgment is the requirement for permission from the Collector for the transfer of government land, as stipulated in Section 165(7-b) of the Land Revenue Code, ....
Land transfers by government lessees require prior approval from a Revenue Officer; transactions made without such consent are invalid.
The Additional Collector had jurisdiction to grant permission for land sale under Section 165(6) of the M. P. Land Revenue Code, 1959, and the High Court's interference was erroneous.
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