Sushil Daga Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nava Raipur Atal Nagar, District Raipur (C.G.)

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2 - District Collector District Raipur (C.G.)

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3 - Sub Divisional Officer Aarang, District Raipur (C.G.)

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4 - Tehsildar Mandirhasaud, Tehsil Mandirhasaud, District Raipur (C.G.) 5 - Nawa Raipur Atal Nagar Vikas Pradhikaran (Nranvp) Earlier Known As Naya Raipur Development Authority (Nrda), Through The Chief Executive Officer, Nawa Raipur Atal Nagar Vikas Pradhikaran, Paryawas Bhawan, North Block, Sector- 19, Nawa Raipur Atal Nagar, Raipur, District Raipur (C.G.)

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... Respondents

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(Cause-title ta	ken from Case Information System)
For Petitioner	: Mr. Ankur Agrawal, Advocate
For State/Respondents	: Dr. Arham Siddiqui, Panel Lawyer
No.1 to 4
For Respondent No.5	: Mr. Rajat Agrawal, Advocate

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Hon’ble Shri Amitendra Kishore Prasad, Judge

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Order on Board

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27.07.2026

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1. By filing the present writ petition, the petitioner calls in question the legality, validity and propriety of the memo dated 12.01.2026 issued by respondent No.5, whereby restrictions have been

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imposed on sale, transfer and other transactions relating to lands situated in Village Nawagaon, Tehsil Mandirhasaud, District Raipur, without prior permission of respondent No.5. The petitioner has prayed for following relief(s) :-

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“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record of the case pertaining to the issuance of the impugned memo.

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10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ(s), order(s), direction(s), quashing the impugned memo dated 12.01.2026 (ANNEXURE P-1) declaring the same to be illegal, arbitrary and without jurisdiction.

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10.3 That, the Hon'ble Court may kindly be pleased to issue appropriate writ(s), order(s), direction(s), to respondent no.5 to provide noobjection certificate to the petitioner and grant any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon'ble Court. ”

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2. Learned counsel for the petitioner submits that the petitioner is the owner of agricultural land bearing Khasra No.135/1 situated at Village Nawagaon and, due to acute financial distress arising out of repayment of a substantial loan, intends to sell only a portion of his land. It is submitted that, on account of the impugned memo dated 12.01.2026, the petitioner has been restrained from effecting the proposed sale unless a No Objection Certificate is

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obtained from respondent No.5. It is further submitted that though the petitioner has already applied before respondent No.5 seeking permission, the said application has not been decided till date.

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3. Per contra, learned counsel appearing for respondent No.5, on instructions, submits that the restrictions contained in the memo dated 12.01.2026 have been imposed only with a view to regulate subsequent transfers of land in the concerned village so that unscrupulous purchasers may not claim benefits under any rehabilitation or acquisition policy in future. He further submits that if the petitioner submits a fresh application supported by an affidavit specifically stating the portion of land proposed to be sold, the identity of the proposed purchaser and the genuine financial exigency necessitating such sale, the same shall be duly verified and considered by the competent authority in accordance with law.

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4. Learned State counsel submits that the dispute is essentially between the petitioner and respondent No.5 and, therefore, the State is only a formal party. It is submitted that the petitioner may avail the remedy before respondent No.5 by filing an appropriate application.

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5. I have heard learned counsel for the parties and perused the documents annexed with the writ petition.

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6. Considering the aforesaid submissions and without expressing any opinion on the merits of the controversy, the petitioner is directed to file a fresh application before respondent No.5,

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supported by an affidavit, clearly indicating the extent of land proposed to be sold, the particulars of the proposed purchaser and stating that the proposed sale is necessitated solely on account of his financial exigency and that he intends to sell only the specified portion of the land. On such application being filed, respondent No.5 shall consider and decide the same, after due verification, strictly in accordance with law, by passing a reasoned order as expeditiously as possible.

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7. It is made clear that the present order has been passed in the peculiar facts of the case, considering the petitioner's assertion on affidavit regarding his urgent financial requirement. This order shall not be treated as a precedent in any other case.

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8. With the aforesaid observations and directions, the writ petition stands disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Yogesh

Sushil Daga v. State of Chhattisgarh

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Sushil Daga v. State of Chhattisgarh

Case brief

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