Mahadev vs State Of Chhattisgarh

Amitendra Kishore Prasad, J

By way of this petition, the petitioner has prayed for following reliefs: -

"a) Issue an appropriate writ, order or direction directing Respondent No. 3 Collector, Surguja, to decide the petitioner's application for grant of permission to sell rehabilitation land under Section 165(7-B) of the Chhattisgarh Land Revenue Code, dated 09.02.2022, which is pending since four years, within a stipulated time frame, preferably within an outer limit of 15 days;

b) Pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

And for this act of kindness, the petitioner as in duty bound shall ever pray."

Brief facts of the case, is that, the present writ petition has been filed under Article 226 of the Constitution of India seeking issuance of an appropriate writ, order, or direction to the Collector, Surguja (Respondent No. 3), to decide the petitioners' pending application dated 09.02.2022, which was submitted for grant of permission to sell rehabilitation land under Section 165(7-B) of the Chhattisgarh Land Revenue Code. The petitioners are recorded co-owners and are in lawful possession of the rehabilitation land situated at Village Fundurdihari, Tehsil Ambikapur, District Surguja, which was originally allotted to their predecessors by the Rehabilitation Department, Government of India. Owing to financial exigencies, including medical requirements and the need for house repairs, the petitioners entered into an agreement to sell a portion of the said land to a private respondent after receiving part consideration, subject to obtaining requisite permission from the competent authority. In furtherance thereof, the petitioners duly preferred an application before the Collector on 09.02.2022, which was processed in accordance with law, and consequential revenue proceedings were initiated before the Tehsildar. It is submitted that all statutory formalities, including issuance and publication of notice, conduct of inquiry, recording of statements, and submission of reports by the concerned authorities, were duly completed during the period 2022-2023; no objections were received from any quarter, and the reports submitted were favourable to the petitioners. However, despite completion of the entire process and repeated representations, the Collector has failed to decide the said application for more than four years, thereby causing grave financial hardship and prejudice to the petitioners. Such inaction on the part of the respondent authority is arbitrary, unreasonable, and violative of Articles 14 and 21 of the Constitution of India. The petitioners, having no other efficacious alternative remedy, have approached this Hon'ble Court seeking expeditious disposal of their application within a fixed and reasonable time frame. Hence, this petition.

Learned counsel for the petitioners submits that the petitioners had preferred an application under Section 165(7-B) of the Chhattisgarh Land Revenue Code seeking permission to sell their land, which was duly filed on 09.02.2022; however, despite the lapse of a considerable period, the said application has not yet been adjudicated by the concerned Collector, Ambikapur, District Surguja. It is further contended that, in view of such inaction, the present petition has been instituted seeking a direction to the said authority to decide the application within a stipulated and reasonable timeframe. From the averments made in the petition, duly supported by an affidavit, as well as from the perusal of the order sheet, it appears that the proceedings were initiated on 22.02.2022; however, even after the passage of more than three years, no final order has been passed. It is also submitted that the concerned Tahsildar, acting upon the instructions of the Collector, had already submitted a report on 25.05.2022, yet the matter continues to remain pending without any decision to date.

On the other hand, learned counsel appearing for the State opposes the submissions advanced on behalf of the petitioners and contends that the relief sought is misconceived, untenable in law, and devoid of merit, and therefore does not warrant any interference by this Hon'ble Court.

I have heard learned counsel for the parties and perused the material available on record.

It is indeed surprising that, instead of adjudicating the application, the same has been kept pending without any plausible or justifiable reason; accordingly, considering the facts and circumstances of the case, the concerned Collector, Ambikapur, District Surguja, is hereby directed to consider and decide the said application strictly in accordance with law within a period of 30 days from the date of receipt of a copy of this order, and the Collector shall further ensure that a compliance report in this regard is duly forwarded to the Registrar General of this Hon'ble Court within the stipulated period.

If any application is filed before the concerned Collector, it is incumbent upon the said authority to consider and decide the same in accordance with law within a reasonable period of time; the Collector cannot be permitted to keep such application pending indefinitely or for an unduly prolonged duration without any justifiable cause.

With this observation and direction, the writ petition is disposed of.