Chhattisgarh HC Orders Collector To Decide Mother And Sons’ 2022 Rehabilitation-Land Sale Request Within 30 Days, Directs Chief Secretary To Ensure Timely Decisions

In brief

The question

1. Whether the Collector should be directed to decide the petitioners’ pending application for permission to sell land under Section 165(6) of the Chhattisgarh Land Revenue Code, 1959.

The court held

The Court disposed of the writ petition by directing the Collector, Surguja, to consider and decide the petitioners’ application dated 7 November 2022, in accordance with law, within 30 days of receipt of the order.

It also directed

It also directed the Chief Secretary, State of Chhattisgarh, to look into the matter and issue instructions to ensure that applications of this nature are decided within a reasonable and stipulated period.

01Facts

The petitioners were recorded joint Bhumiswamis of rehabilitation land at Village Subhashnagar, including Khasra No. 123/3.

¶ 1–3

They applied to the Collector on 7 November 2022 for permission under Section 165(6) of the Chhattisgarh Land Revenue Code, 1959, to sell 10 decimals of the land to respondent No. 7.

¶ 1–3

They stated that the proposed sale was for domestic necessity and to acquire cultivable land elsewhere.

¶ 1–3

The application remained undecided despite being pending in revenue proceedings for a considerable period.

¶ 1–3

The petitioners sought a direction requiring the Collector to decide it.

¶ 1–3

They also relied on a similar order in Shefali Sheel & Anr. v. State of Chhattisgarh.

¶ 2

02Issues

i.1. Whether the Collector should be directed to decide the petitioners’ pending application for permission to sell land under Section 165(6) of the Chhattisgarh Land Revenue Code, 1959.

¶ 3–5

ii.2. Whether directions should be issued to the State authorities to ensure timely disposal of similar applications and avoid repeated litigation.

¶ 6

03Law Applied

Section 165(6) of the Chhattisgarh Land Revenue Code, 1959, provides the statutory basis for the petitioners’ application for permission to sell the subject land.

¶ 3–5

The Court applied the principle that an application before the competent authority should not remain pending indefinitely and should be decided within a reasonable time.

¶ 5

The Court also referred to its similar order in Shefali Sheel & Anr. v. State of Chhattisgarh, without elaborating on any further legal rule from that decision.

¶ 2

Provisions in the judgment · 1

Chhattisgarh Land Revenue Code, 1959 Section 165

04Reasoning

The application had been pending since 7 November 2022, and the Collector had not reached a final decision.

¶ 5

The Court therefore concluded that the matter could not be left pending indefinitely and directed the Collector to decide the application in accordance with law within 30 days of receiving the order.

¶ 5

To address delay in similar matters, the Court further directed the Chief Secretary to issue appropriate instructions for timely disposal of such applications.

¶ 6

The Court did not determine whether permission to sell should be granted on the merits.