RAJESH KUMAR GHOSH vs STATE OF CHHATTISGARH

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CGHC010430782026 2026:CGHC:46696
NAFR
VISHAKHA
BEOHAR
Digitally
signed by
VISHAKHA
BEOHAR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5563 of 2026
1 - Rajesh Kumar Ghosh S/o Sunil Ghosh Aged About 52 Years R/o
Village Subhashnagar, Police Station Gandhinagar, Tahsil Ambikapur,
Distt- Surguja (C.G.)
2 - Sushant Ghosh S/o Sunil Ghosh Aged About 50 Years R/o Village
Subhashnagar, Police Station Gandhinagar, Tahsil Ambikapur, Distt-
Surguja (C.G.)
3 - Mayarani Ghosh W/o Sunil Ghosh Aged About 70 Years R/o Village
Subhashnagar, Police Station Gandhinagar, Tahsil Ambikapur, Distt-
Surguja (C.G.) ... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan,
Nava Raipur, Distt- Raipur (C.G.)
2 - The Commissioner, Surguja Division Ambikapur, Distt- Surguja
(C.G.)
3 - The Collector, Ambikapur, Distt- Surguja (C.G.)
4 - Sub Divisional Officer (Revenue) Ambikapur, Distt- Surguja (C.G.)
5 - Tahsildar / Naib Tahsildar, Ambikapur- 02 Distt- Surguja (C.G.)
6 - Deputy Registrar, Ambikapur, Distt- Surguja (C.G.)
7 - Randhir Tiwari S/o Shri Narendra Tiwari Aged About 33 Years R/o
Gandhinagar, Tahsil Ambikapur, Distt- Surguja (C.G.) ... Respondents
(Cause-title taken from the Case Information System)
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For Petitioner :- Mr. Gulab Singh, Advocate

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For State :- Mr. Abhyuday Tripathi, P.L.
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SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board
04.11.2026
1. By way of the present petition, the petitioners, claiming to be the
recorded joint Bhumiswamis of rehabilitation land situated at
Village Subhashnagar, Tahsil Ambikapur, District Surguja (C.G.),
bearing Khasra No. 123/3, forming part of the total holding
admeasuring 0.9120 hectare, have sought a direction to
respondent No. 3 (Collector, Surguja) to consider and decide their
pending application dated 07.11.2022 seeking statutory
permission for sale of 10 decimals of land out of the aforesaid
Khasra number in favour of respondent No. 7.
2. The facts of the case, in brief, are that the petitioners entered into
an agreement to sell the aforesaid land for a sale consideration of
Rs.11,00,000/- on account of domestic necessity, with the
intention of disposing of the barren land and acquiring cultivable
agricultural land elsewhere for the livelihood of their family.
Accordingly, they submitted an application dated 07.11.2022
before respondent No. 3 seeking permission for the proposed sale
under the provisions of the Chhattisgarh Land Revenue Code,
1959. It is contended that although the matter was forwarded to
the Tahsildar for inquiry and remained pending in the revenue
proceedings for nearly two years, no final decision has been taken
by respondent No. 3 on the said application. Hence, the

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petitioners have approached this Court seeking appropriate
directions. It is further submitted that this Court, in an identical
matter, vide order dated 06.04.2026 passed in WPC No. 1503 of
2026 (Shefali Sheel & Anr. v. State of Chhattisgarh), has passed a
similar order.
3. Learned counsel for the petitioners submits that the petitioners
have filed an application dated 07.11.2022 under Section 165(6)
of the Chhattisgarh Land Revenue Code, 1959, seeking
permission for sale of the subject land, which is pending
consideration before respondent No. 3 (Collector, Surguja).
However, despite the lapse of considerable time, no final decision
has been taken on the said application.
4. Learned State counsel submits that since the application filed by
the petitioners under Section 165(6) of the Chhattisgarh Land
Revenue Code, 1959, has been pending consideration before
respondent No. 3 for a considerable period, the same shall be
considered and decided within a period of 30 days.
5. Considering the fact that the application seeking permission to sell
the subject land under Section 165(6) of the Chhattisgarh Land
Revenue Code, 1959, was submitted by the petitioners as far
back as on 07.11.2022 and is still pending consideration before
the competent authority, namely, the Collector, Surguja,
Ambikapur, this Court is of the view that the matter cannot be kept
pending for an indefinite period. Accordingly, the Collector,

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Surguja, Ambikapur, is directed to consider and decide the
petitioners' application dated 07.11.2022, in accordance with law,
within a period of 30 days from the date of receipt of a copy of this
order.
6. It is expected that the concerned authorities shall take appropriate
steps to ensure timely disposal of such applications, as the
applicants cannot be compelled to approach this Court repeatedly
merely for seeking a direction to decide their pending
representations or applications. The Chief Secretary, State of
Chhattisgarh, is also directed to look into the matter and issue
appropriate instructions to the concerned authorities to ensure that
applications of such nature are decided within a reasonable and
stipulated period, so that unnecessary litigation before this Court
may be avoided.
7. With the aforesaid directions, the writ petition stands disposed of .
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha