Facts
The petitioners applied for Bhumiswami (ownership) rights over Nazul land (Sheet No. 12B, Plot No. 142, 246 sq.ft.) in Bhatapara.
Source reference: para. 2Following Circular dated 11.09.2019, various authorities—including the Nazul Officer and Tehsildar—recommended the grant of rights, noting the petitioners' long-standing possession.
Source reference: para. 2–3The petitioners deposited the assessed premium of ₹82,047 on 01.09.2021.
Source reference: para. 2Although the Collector approved the proposal on 19.04.2023, the Sub-Divisional Officer (SDO) ultimately rejected the application on 06.12.2024.
Source reference: para. 2The rejection was based solely on a fresh Government Letter (No. F-4-14/7-1/Nawa Raipur) dated 23.07.2024, which directed the dismissal of all proceedings for granting freehold rights over government lands in urban areas.
Source reference: para. 2Issues
1. Whether the respondent authorities were justified in rejecting the application for Bhumiswami rights based on a subsequent government policy change, despite the petitioners having already complied with all financial and procedural requirements under the previous policy.
Source reference: para. 2–4Law Applied
Chhattisgarh Revenue and Disaster Management Department’s Circular dated 11.09.2019, which permits persons in long-standing possession to apply for leasehold/Bhumiswami rights.
Source reference: para. 3Government Letter No. F-4-14/7-1/Nawa Raipur dated 23.07.2024, which discontinued the grant of freehold rights in urban areas.
Source reference: para. 2The court balanced these administrative instructions against the principles of equity and procedural fairness in revenue matters.
Source reference: para. 7Reasoning
The Court noted that the petitioners had not only received favorable recommendations from multiple tiers of the revenue administration (Nazul Officer, Tehsildar, and Collector) but had also acted upon these directions by depositing the entire premium and lease rent as early as 2021.
Source reference: para. 2–3While the SDO rejected the claim based on the 2024 departmental directive, the Court emphasized that earlier orders had already recognized the petitioners' entitlement and that the state had accepted their payments.
Source reference: para. 7The Court did not strike down the 2024 letter but focused on the fact that the petitioners' rights had reached an advanced stage of recognition prior to the policy shift, necessitating a fresh and fair review of the petitioners’ specific representation.
Source reference: para. 7Holding
The Court disposed of the writ petition by granting the petitioners liberty to withdraw the petition and file a formal representation before the concerned Nazul Officer within 15 days.
The Nazul Officer is directed to decide the application strictly in accordance with law within 60 days, specifically taking into account the prior favorable orders and the fact that the petitioners have already deposited the requisite premium and charges.
Source reference: para. 7No direct interference with the rejection order was made, but a mechanism for reconsideration was established.
Source reference: para. 7Original Court PDF
ANANT KISHORE AGRAWALvsSTATE OF CHHATTISGARH
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