Chhattisgarh High Court

Prior permission under Section 165, Chhattisgarh Land Revenue Code, is mandatory for alienating government leasehold lands.

KHELAWAN SAHU vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 22, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2

The 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. 2

The petitioner claimed Respondent No. 6 already possessed alternative land for rehabilitation

Source reference: para. 2

Having 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 & 2
02

Issues

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 & 6

2. 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. 3
03

Law 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 & 3

The 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. 6
04

Reasoning

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. 3

While 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. 6

Consequently, 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. 6
05

Holding

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. 6
Chhattisgarh High Court

Original Court PDF

KHELAWAN SAHUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 22, 2026

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