2026:CGHC:15034 NIKITA AFR JAIN Digitally signed HIGH COURT OF CHHATTISGARH AT BILASPUR by NIKITA JAIN Date: 2026.04.01 17:57:40 +0530 WPC No. 3810 of 2021 Reserved on 11/03/2026 Pronounced on 01/04/2026 Urmila Devi W/o Late Muneshwar Sai, Aged About 66 Years, Caste Kanwar, R/o Village Chetwa, Tahsil Kansabel, District- Jashpur (C.G.)

(Non-Applicant No.1)

... Petitioner versus

1 - Vikas Kumar Agrawal S/o Brajbhushan, Aged About 39 Years, Caste Agrawal, R/o Village Kunkuri, Tahsil Kunkuri, District- Jashpur (C.G.)

(Applicant)

2 - Mukesh Kumar Agrawal S/o Ramniwas Agrawal, 3 - Radheshyam Agrawal S/o Ramniwas Agrawal, 4 - Gouri Shankar Agrawal S/o Manohar Agrawal, 5 - Poonam Chandra Agrawal S/o Manohar Agrawal, 6 - Umesh Agrawal S/o Manohar Agrawal, The respondents No.2 to 6 belong to Caste Agrawal, R/o Village Kansabel, District- Jashpur (C.G.)

(Non-Applicants No. 2 to 6)

7 - The Commissioner, Surguja Division (Ambikapur), District- Surguja (C.G.), 8 - The Collector Jashpur, District- Jashpur (C.G.), 9 - The Sub Divisional Officer (Revenue) Bagicha, District Jashpur (C.G.)

... Respondents For Petitioner : Shri Dhiraj Kumar Wankhede, Advocate appears along with Shri Sanchit Bhatt, Advocate.

For Respondents No.1 to 6 : Shri B. P. Sharma, Advocate appears along with Shri M. L. Sakat and Ms. Koushiki Kumari, Advocates.

For State/Respondents No.7 to 9 : Shri Dharmesh Shrivastava, Deputy Advocate General.

Single Bench:Hon'ble Shri Sanjay S. Agrawal, J

CAV Judgment

1. By virtue of this petition, the petitioner being an aboriginal has questioned the legality and propriety of the order dated 10.08.2021 passed by the Commissioner, Surguja Division (Ambikapur), Chhattisgarh in Revenue Revision Case No. 202103960100022/29/A- 23/2020-21, whereby the Revisional Court has dismissed the application filed by the petitioner under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as ‘the Code, 1959’), while reversing the order dated 19.02.2021 passed by the Collector, Jashpur in Appeal Revenue Case No.201911030100011/6/2019-20 affirming the order dated 04.10.2019 passed by the Sub Divisional Officer (Revenue), Bagicha, District Jashpur in Revenue Case No.13/A-23/14-15 for restoration of the land in question.

2. The facts, which are essential for adjudication of this petition, are that the land bearing Khasra No.427/3 and 427/4 admeasuring 0.725 hectare and 0.721 hectare, respectively, total admeasuring 1.446 hectare situated at Village Chetva, Tehsil Kansabel, District Jashpur was originally held by one Muneshwar Sai (since deceased now represented by his widow - Urmila Devi), who was the Kanwar by caste belonging to the aboriginal and, vide registered deed of sale dated

06.03.1973, he had sold the alleged suit land to one Sadhu Sai for a consideration of Rs.3,000/-, while putting him in possession thereon. Perusal of the record would reveal further that said Sadhu Sai after obtaining the permission for its alienation from the Collector, Jashpur vide order dated 28.06.1974 (Annexure P-3) as required under Section 165(6) of the Code, 1959, sold it to one Manohar Lal Agrawal, the predecessor-in-interest of the respondents, by executing a registered deed of sale dated 18.07.1974 for a consideration of Rs.3,500/- and, the revenue papers were, accordingly, recorded in his name, who, then applied for partition while approaching the court of Nayab Tehsildar, Jashpur, where the said authority vide its order dated

11.07.1980 has divided the land in question amongst his heirs.

3. The aforesaid transaction made in favour of said Sadhu Sai was held to be benami at the instance of said Manohar Lal Agrawal, and therefore, the transaction made in his (Manohar Lal Agrawal) favour on 18.07.1974 was, accordingly, held to be a fraudulent one in an enquiry held by the Sub Divisional Officer (Revenue), Bagicha under Section 170-B of the Code, 1959 based upon the application moved by said Muneshwar Sai on 23.01.2015 and, the order as passed by the sai