SYED ROSHAN ZAMIR ALI

2025:CGHC:57077 Digitally signed by SYED ROSHAN ZAMIR ALI NAFR Date:

2025.11.26

19:03:14 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4783 of 2025

1. Dankeshwar Netam S/o Ishwar Netam Aged About 37 Years R/o Satnam Chowk, Village - Jhonka-Latwa, Tehsil And Distt.

Baloda Bazar-Bhatapara, C.G.

... Petitioner versus

1. State of Chhattisgarh Through Collector, Baloda Bazar, District- Baloda Bazar-Bhatapara, C.G.

2. The Secretary Revenue Department S 1-13, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District - Nava Raipur, C.G.

3. Vikas Sahu S/o Shri Rajnarayan Sahu Aged About 35 Years R/o Nehru Chowk, P.S. City Kotwali, Baloda Bazar, Tehsil-

Baloda Bazar, District- Baloda Bazar-Bhatapara, C.G.

4. Rituraj Sahu S/o Shri Rajnarayan Sahu Aged About 33 Years R/o Nehru Chowk, P.S. City Kotwali, Baloda Bazar, Tehsil-

Baloda Bazar, District- Baloda Bazar-Bhatapara, C.G.

5. Vivek Sahu S/o Shri Rajnarayan Sahu Aged About 34 Years R/o Nehru Chowk, P.S. City Kotwali, Baloda Bazar, Tehsil-

Baloda Bazar, District- Baloda Bazar-Bhatapara, C.G.

6. District Registrar Revenue Department Baloda Bazar, District-

Baloda Bazar-Bhatapara, C.G.

7. Sub Registrar Revenue Department Baloda Bazar, District-

Baloda Bazar-Bhatapara, C.G.

... Respondents For Petitioner :Mr. Prakash Tiwari, Advocate For Respondent No.1, 2, 6 & 7 :Ms. Upasana Mehta, Govt. Advocate For Respondent No.3, 4 & 5 Mr. Anurag Sinha, Advocate Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

24/11/2025

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

“10.1. The Hon’ble Court may kindly be pleased to call for the entire records relating with the Instant Petition.

10.2. The Hon’ble Court may kindly be pleased to set aside the Order dated 04.08.2025 passed by the District Registrar (Respondent No.6) Baloda Bazar.

10.3. The Hon’ble Court may kindly be pleased to direct the respondents to grant the petitioner, the necessary permission to sell the land in question, recognizing his lawful right to do so without unwarranted obstruction or interference. (And/or).

10.4. The Hon’ble Court may kindly be pleased to direct the respondent authorities to process the registration of Sale-deed executed between petitioner and Respondent No.3 to 5 as per law without the permission required U/s 165 of Chhattisgarh Land Revenue Code – 1959 (And/or).

10.5. The Hon’ble Court may kindly be pleased to direct the respondent authorities to grant the necessary permission to sell the land in question.

10.6. The Hon’ble Court may kindly be pleased to pass any other orders/direction to respondent No.2 to enquire upon the discrepancy/parity of orders between collectors of different district upon the given factual/legal scenario.

10.7. The Hon’ble Court may kindly be pleased to pass any other orders/direction that, this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. Learned counsel for petitioner submits that petitioner is a member of scheduled tribe community. The land, subject matter of writ petition, is a ownership land of petitioner and copy of revenue record evidencing said fact is filed as Annexure P-2, which is Khasra Panchsala wherein in Column-8 description of land is mentioned as ‘bhumiswami’ and ‘diverted’. It is a diverted land. He further submits that a pakka house is constructed over the land in question. Petitioner being in need of money entered into agreement to sell of house constructed over his ownership land to respondent No.5. On being advised, petitioner submitted an application before the Collector, Balodabazar Bhatapara seeking permission to sell. When petitioner’s application was not considered and decided, he preferred WPC No.2570/2024, which was disposed of with a direction to the Collector (respondent No.1 therein) to take decision on the pending application of petitioner. Proceeding on the application of petitioner for grant of permission was initiated, however, it was erroneously rejected by the Collector vide order dated 20.11.