Facts
The petitioner’s father (Respondent No. 6) was granted a government patta (leasehold) for 42.70 sq. meters of land in Village Simga under a specific government scheme in 2018
Source reference: para. 2The petitioner alleges that despite the land being government property intended for family subsistence, Respondent No. 6 illegally sold the land to Respondent No. 7 via a registered sale deed dated 02.01.2026 without obtaining mandatory prior permission from revenue authorities
Source reference: para. 2The petitioner claimed Respondent No. 6 already possessed alternative land for rehabilitation
Source reference: para. 2Having received no response to his representations dated 20.01.2026, the petitioner approached the High Court seeking a direction for the authorities to secure the government land and decide his objections
Source reference: para. 1 & 2Issues
1. Whether the petitioner, as a complainant rather than a direct party to the transaction, has the locus standi to maintain the writ petition
Source reference: para. 3 & 62. Whether the alienation of the government patta land by Respondent No. 6 in favour of Respondent No. 7 was in violation of the statutory requirements of the Chhattisgarh Land Revenue Code
Source reference: para. 3Law Applied
Section 165 of the Chhattisgarh Land Revenue Code, which governs the transfer of land interests and imposes restrictions on the alienation of land granted by the State Government, often requiring prior approval from a competent authority to ensure the validity of such transactions
Source reference: para. 2 & 3The principle of Locus Standi in writ jurisdiction, specifically regarding the rights of a third-party complainant to invoke the court’s intervention in administrative lapses
Source reference: para. 6Reasoning
The Court observed that the petitioner’s primary grievance was the unauthorized sale of government-granted land, which is restricted under Section 165 of the Chhattisgarh Land Revenue Code
Source reference: para. 3While the Court noted that the petitioner, acting as a mere complainant, might lack the requisite locus standi to formally maintain the proceedings as a direct aggrieved party, it emphasized the gravity of the legal allegation regarding the absence of prior official permission for the sale
Source reference: para. 6Consequently, the Court determined that the matter required administrative scrutiny to uphold the statutory provisions of the Land Revenue Code, regardless of the petitioner’s standing, to protect the Government's interest in the land
Source reference: para. 6Holding
The High Court disposed of the writ petition without interfering directly in the sale but directed the respondent authorities (Respondent Nos. 3 and 5) to examine the matter
The Court ordered the authorities to pass a reasoned and appropriate order in accordance with the law after providing a fair opportunity of hearing to the seller (Respondent No. 6) and the purchaser (Respondent No. 7)
Source reference: para. 6Original Court PDF
KHELAWAN SAHUvsSTATE OF CHHATTISGARH
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