The Sub-Divisional Officer must address the objection of maintainability under Section 170B of the Chhattisgarh Land Revenue Code before proceeding in the matter.

Order on Board

25/07/2025 Heard.

1. The petitioner has been filed this writ petition on the following relief(s) :

“1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the proceedings before the Sub-Divisional Officer bearing No. 202504270700023/B-121/2024-25 (Now the Case number has been converted by the Sub Divisional Officer vits its memo dated 14.07.2025 as Case No. 202504270700023/A-23/2024-25) in the matter of Santram & Ors. v/s. Mahendra Kumar Gupta & Others, may kindly be quashed as not covered under Section 170B of Chhattisgarh Land Revenue Code , 1959.

2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the Sub-Divisional Officer Rajpur may kindly be directed to decide the objection raised by the petitioner with regard to maintainability of the proceedings on merits and only thereafter he may be directed to proceed further in the matter.

3] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

2. Learned Counsel for the petitioner contended that the petitioner is a member of Schedule Tribe, he belongs to Nagesia Caste, which is notified as Schedule tribe in the list. of Schedule Tribe of Chhattisgarh, Entry No. 32. The petitioner had purchased the land bearing Khasra No. 210 area 0.656, Khasra No. 213/2 area 0.097, Khasra No. 215 area 0.150, Khasra No. 240/10 area 1.259 hectare, Khasra No. 241/1 area 0.172 hectare & Khasra No. 245 area 0.134 hectare, total area 2.468 hectare, situated at Village Bheski, Tehsil Rajpur, District Balrampur- Ramanujganj Chhattisgarh from the registered sale deed dated 18.11.2024 from the seller Jubaro D/o. Lodra, aged about 48 years, Caste Korwa, R/o. Village Bheski, Tehsil Rajpur, District Balrampur-

Ramanujganj (C.G.). Admittedly the sale deed was executed 18.11.2024 by Jubaro who is Schedule tribe in favor of Shivaram who is also a schedule tribe. In view of the provisions of Section 165(6) of the Chhattisgarh Land Revenue Code , no permission is required for a transaction between tribal to tribal. He further contended that the son of the seller namely Santram was not happy with the sale deed executed by his mother in respect of her share, therefore he raised a dispute and the criminal case also registered at Police Station Rajpur. The purchaser has applied for grant of bail which has been granted by this Court. Simultaneously the complaint was also made to Collector dated 15.04.2025, which was forwarded to the Sub-Divisional Officer. He has also made a complaint to the Sub-Divisional Officer on 07.03.2025 & 13.06.2025. Earlier the matter was registered under the head of B-121 as Miscellaneous Case and subsequently the application under Section 170B of Land Revenue Code was filed on 25.04.2025 before Sub-Divisional Officer, Rajpur and on the instance of said application the case has been registered under the head of A/23/170B and on 25.04.2025 the order sheet was recorded and on 28.04.2025 the petitioner and other respondents were directed to file the reply.

3. On 30.05.2025, the application of the petitioner who is also one of the tribal for seeking assistance of a lawyer was rejected. On 04.06.2025 the petitioner has raised an objection before Sub-Divisional Officer Rajpur. The specific objection was raised with regard maintainability of the proceedings under Section 170B of the Land Revenue Code. It was categorically averred in the application that, since the sale deed was executed on 18.11.2024 and therefore the said transaction cannot be a subject matter of the enquiry under Section 170B of the Land Revenue Code, because the said enquiry can be conducted only