Facts
The petitioner, a resident of District Surguja, filed an application on 16.01.2023 before the Collector, Ambikapur (Respondent No. 3), seeking permission to sell rehabilitation land under the Chhattisgarh Land Revenue Code, 1959
Source reference: para. 1-2The application, registered as Proceeding No. 202302021700025, has remained pending for over a year despite the completion of requisite legal formalities and reports
Source reference: para. 2-3The petitioner cited urgent financial needs, specifically the medical condition of his mother and his children's higher education expenses, as grounds for an expedited decision
Source reference: para. 1-2The petitioner previously filed WPC No. 1407/2026, which was withdrawn with liberty to file this better-constituted petition
Source reference: para. 2Issues
1. Whether the Court should issue a writ of mandamus directing the Collector to decide the pending application for the sale of rehabilitation land within a specific timeline
Source reference: para. 1-2Law Applied
The court primarily applied Section 165(6) of the Chhattisgarh Land Revenue Code, 1959, which governs the restrictions and requisite permissions from the Collector regarding the transfer of land held by certain classes of holders or under specific conditions, such as rehabilitation land
Source reference: para. 1-3The court also exercised its discretionary power under Article 226 of the Constitution of India to ensure the timely performance of statutory duties by public authorities
Source reference: para. 6-7Reasoning
The court observed that the petitioner’s application under Section 165(6) had been pending since early 2023
Source reference: para. 6It noted that the State, represented by the Deputy Government Advocate, did not oppose a direction for an expedited resolution in accordance with the law
Source reference: para. 4Considering the prolonged delay and the personal exigencies cited by the petitioner, the court determined that a time-bound direction was necessary to ensure administrative efficiency and provide the petitioner with legal certainty regarding his property rights
Source reference: para. 6Holding
The High Court of Chhattisgarh disposed of the writ petition, answering the issue in the affirmative
The Court directed the Collector, Ambikapur (Respondent No. 3), to consider and decide the petitioner’s application (Proceeding No. 202302021700025) strictly in accordance with the law within 60 days from the date of receipt of the order
Source reference: para. 6Original Court PDF
VIPRALAV HALDARvsSTATE OF CHHATTISGARH
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