2025:CGHC:61723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5244 of 2022 Smt. Sabina Raza W/o Salim Raza, D/o L. Venkateshwar Rao Aged About 61 Years R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh ... Petitioner(s)

versus

1 - The Board Of Revenue Bilaspur Through Chairman Cum Secretary, Circuit Court Jagdalpur, Chhattisgarh

2 - The Commissioner Jagdalpur, Division Baster, District Baster Chhattisgarh

3 - Collector Baster, Jagdalpur, District Baster Chhattisgarh

4 - Smt. Saradi (Since Died) W/o Laxman R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

5 - Smt. Guja W/o Sukhram R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

6 - Trilochan S/o Sukhram R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh Digitally signed by PRAVEEN KUMAR SINHA Date:

2025.12.23

16:00:23 +0530

7 - Khatkudi S/o Sukhram R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

8 - Kanwal S/o Sukhram R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

9 - Smt. Geeta D/o Sukhram R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

10 - Shri Bali (Died) S/o Sukhram R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

11 - Loknath S/o Laxman R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

12 - Laxminath S/o Laxman R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

13 - Mangaldai S/o Laxman R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh

14 - Somari W/o Laxminath R/o Village Aghanpur, Tehsil Jagdalpur, District Baster Chhattisgarh ... Respondent(s)

For Petitioner : Mr. Pushkar Sinha, Advocate For State : Mr. Pranjal Shukla, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

16/12/2025

1. Petitioner has filed this writ petition seeking following reliefs :

“10.1 This Hon'ble Court may kindly be pleased to call for the entire record relating to the petitioner and respondent No. 4 to 14 for kind perusal.

10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ/certiorari quashing the impugned order dated 30.03.2022 passed by Board of Revenue in Revision Case No. R.N. 01/R/A- 21/223/2012 and order dated 28.01.2012 passed by Commissioner Bastar Division in Suo Moto Rev. Case No. 37/A-21/2010-11 in the interest of justice.

10.3 This Hon'ble Court may kindly be pleased to grant any other relief in favour of the petitioner which the Hon'ble Court deems fit and proper in the ends of justice.”

2. Facts relevant for disposal of this writ petition are that respondents No.

4 to 14 owned 2.10 acres of land bearing Khasra No. 23 situated at Village- Aghanpur, Tehsil- Jagdalpur, District- Bastar. Out of 2.10 acres, 1.50 acres of land was diverted for residential use by order dated 19.03.2008 passed by the SDO, Jagdalpur. The land was thereafter subdivided into plots, and permission to sell was granted by the Additional Collector on 18.03.2009 . Through their power of attorney holder, respondents No. 4 to 14 agreed to sell 0.11-acre of land to the petitioner for consideration of Rs. 4,00,000/-, receiving Rs. 1,50,000/- as advance. As the respondents belonged to a tribal community petitioner being not member of scheduled tribe community, permission to sell was obtained . It was ordered, subject to sale at Collector guideline rates and execution of the sale deed within three months. Upon payment of the balance amount, petitioner purchased the plot through a registered sale deed. Subsequently, the Commissioner, Bastar Division, initiated suo motu revision proceeding as envisaged under Section 50(1) of the Chhattisgarh Land Revenue Code, 1959 (for short “Code of 1959”) and by order dated 28.01.2012 set aside the permission, holding it contrary to Section 165(6)(a) of the Code of 1959, and remanded the matter with a direction to Collector to re- examine the case and pass suitable order. Revisions filed by both parties against order of Commissioner was dismissed by