Smt. Dukali Bai v. State Of Chhattisgarh

-1HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(C) No. 34 of 2021

1. Smt. Dukali Bai, Wd/o. Late Piluram, Aged About 82 Years, Caste Gond.

2. Santosh Singh, S/o. Late Piluram, Aged About 59 Years, Caste Gond. Both are R/o. Chuchuhiya Para, Ganesh Nagar, Torwa, Tahsil And District Bilaspur, Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh, Through Secretary, Revenue Department, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh.

2. The Collector, Bilaspur, Chhattisgarh.

3. The Tahsildar, Bilaspur, Chhattisgarh.

---- Respondents For Petitioners :

Mr. B.L.Dembra, Advocate For State :

Ms. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 13.01.2021 Heard

1. Learned counsel for the petitioners submits that the petitioners agreed to sell the part of land admeasuring 1323 sq.ft. bearing Khasra No.66/10 situated at village Mahmand, District Bilaspur for sale consideration of Rs.6,61,500/- and Rs.3,00,000/- was received as part payment as advance. However, in order to execute the sale deed, since permission was required under Section 165(6) of the C.G. Land Revenue Code, an application was filed wherein the Collector initially in the year 2019. The Collector sought for report from the Tahsildar and the Tahsildar in respect of the value of the land has certified that the value of the land was Rs.2,35,200/- and submitted the report; however, again the Collector sought for a report and till date the proceedings are not been concluded. In

-2a result, the petitioners are not able to execute the sale deed who are in need of money.

2. Perusal of the documents filed along with the petition would show that the proceedings under Section 165 is pending before the Collector since 18.04.2019. Considering the documents attached, it appears that the Tahsildar has initially reported the value of the land, therefore, it is directed that the Collector shall conclude the proceeding for seeking permission for sale of land under Section 165(6) of the C.G. Land Revenue Code within a further period of 60 days from the date of receipt of a copy of this order.

3. With the aforesaid observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Aks