A person deemed to be a Bhumiswami under Section 158(4) of the CG Land Revenue Code, after 20 years of agricultural lease, is exempt from seeking prior permission from the Collector to transfer land under the proviso to Section 165(7-b).

Order on Board

15/05/2026

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1. By way of this petition, the petitioner seeks the following reliefs :

10.1 That, this Hon'ble Court may kindly be pleased

to direct the respondent no.2/sub registrar Surguja

(Ambikapur) to consider and decide the application

dated 04.05.2026 filed by the petitioner to allow him

execute sale deed considering the amendment

dated 24.04.2023 in section 165 (7) (b) of the CG

Land Revenue Code by The Chhattisgarh Land

Revenue Code (AMENDMENT) ACT 2023, dated

24.04.2023.

10.2 Any other relief (s) that this Hon'ble Court may

deem fit to grant in the facts and circumstances of

this case.

2. Learned counsel for the petitioner submits that the petitioner has

filed an application for execution of the sale-deed without

permission from the concerned Collector under Section 165 (7-b)

of the Land Revenue Code. He submits that this is permissible

pursuant to an amendment inserted vide Section 158(4),

incorporated on 7.10.2022 vide Notification issued by the State

Government under CG Act No.15/2022. Learned counsel for the

petitioner further submits that in light of the aforesaid amendment,

the petitioner is no longer required to seek permission from the

concerned Collector to sell the land in view of the proviso to

Section 165(7-b) of the Code.

3. Per contra, learned counsel for the State submits that in any case,

the petitioner is required to file a certificate establishing his status

as a Bhumiswami.

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4. Heard learned counsel for the parties and also perused the

documents annexed with the petition.

5. For a proper adjudication of the dispute involved in the present

case, it is apposite to reproduce the relevant provisions of the

Code. Section 158(4) of the Code reads as under :

158 (4)- Every person, who is holding land by virtue

of (lease of agricultural purpose) granted to him by

the State Government or the Collector or the

Allotment Officer, on the date of completion of 20

years since the date of such allotment, shall be

deemed to be a Bhoomiswami in respect of such

land and shall be subject to all the rights and

liabilities conferred and imposed upon a

Bhoomiswami by or under this Code.

6. Furthermore, the proviso to Section 165 (7-b) of the Code, which

is crucial for determining the requirement of prior permission, is

reproduced as under :

Provided that a permission mentioned in

this sub-section shall not be needed to a

Bhumiswami or his/her legal heir holding

Bhumiswami Right Certificate under sub-section

(4) or Free-hold Right under the sub-section (5)

of Section 158, for the transfer of that land.

7. Consequent to the amendment effective from 7.10.2022, a person

who holds land by virtue of a lease for agricultural purposes

granted by the State Government or the Collector or the Allotment

Officer, shall, upon completion of 20 years from the date of

allotment, be deemed to be a Bhumiswami in respect of such

allotted land. So far as Section 165 (7-b) is concerned, its proviso

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mandates that a person who has acquired a Bhumiswami Right

Certificate under sub-section (4) of Section 158 of Code is not

required to seek permission from the concerned Collector for the

sale of the land.

8. Accordingly, the concerned Sub-Registrar is directed to consider

the petitioner's case in light of Section 158(4) as well as proviso to

Section 165 (7-b) of the Code, keeping in mind that after the

amendment on 24.4.2023, the permission previously required is

no longer mandatory.

9. For the foregoing, the concerned Sub-Registrar is directed to

consider the petitioner’s case for registration in light of the

aforesaid provisions in accordance with law, subject to the

verification of the status of the petitioner and relevant Certificate

establishing his position as Bhumiswami.

10.With these observations/directions, the Petition is disposed of.