1. Petition seeking direction to Sub-Registrar to register sale deed without prior permission under amended Section 165(7-b) of CG Land Revenue Code. (Para 1 , 2 )
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2026 Supreme(Online)(Chh) 15461
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Rakesh Vishwas – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 2557 of 2026
Advocates:
For the Appellants/Petitioners: Nishikant Sinha
For the Respondents: RK Gupta
For the Appellants/Petitioners: Nishikant Sinha
For the Respondents: RK Gupta
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).
Headnote:(A) Land Revenue Law - Transfer of Land - Requirement of Prior Permission - Under the amended Section 165(7-b) of the CG Land Revenue Code, a person deemed to be a Bhumiswami under Section 158(4) upon completion of 20 years of lease for agricultural purposes is not required to obtain prior permission from the Collector for the transfer of such land. (Para 6, 7)
(B) Registration of Sale Deed - Verification of Status - While prior permission may no longer be mandatory per the amendment, the Sub-Registrar is entitled to verify the status of the petitioner and require a certificate establishing the petitioner's position as a Bhumiswami before registration. (Para 9)
Issues: Whether the petitioner is required to seek prior permission from the Collector for the execution of a sale deed under the amended CG Land Revenue Code.
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Table of Contents
2. Petitioner contended amendment exempts prior permission; State countered that Bhumiswami certificate is still required. (Para 2 , 3 )
3. Court directed Sub-Registrar to consider registration in light of Sections 158(4) and proviso to 165(7-b) subject to verification. (Para 8 , 9 , 10 )
4. What is the effect of Section 158(4) of the CG Land Revenue Code?
A person holding land under an agricultural lease from the State for 20 years is deemed to be a Bhumiswami. (Para 5 , 7 )
5. Who is exempt from needing prior permission for transfer under proviso to Section 165(7-b)?
A Bhumiswami holding a certificate under Section 158(4) or freehold right under 158(5) is exempt. (Para 6 , 7 )
6. Is verification of Bhumiswami status required before registration?
Yes, the Sub-Registrar must verify the petitioner's status and relevant certificate. (Para 8 , 9 )
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.
