Synopsis

Land was purchased by a non-tribal (Budhuram Mahkul) from a tribal seller via a registered sale deed dated 25.11.1953. The land was mutated in the buyer’s name in the revenue records in 1953-54. Decades later, in 2014-15, the legal heirs of the tribal seller filed an application under Section 170-B of the Chhattisgarh Land Revenue Code, 1959, alleging that the mutation was effected after 02.10.1959 (the date the Code came into force) without notifying the transaction as required. The revenue authorities held that the mutation was done on 28.02.1962, after the cutoff date, and ordered the land to be reverted to the tribal heirs. The High Court quashed all three orders, holding that: (i) the factual finding that mutation occurred in 1962 was erroneous – revenue records of 1954-55 already showed the buyer’s name; (ii) Section 170-B applies only to transactions between 02.10.1959 and 24.10.1980, not to transactions prior to 02.10.1959; (iii) a sale deed executed before the Code came into effect is not affected by Section 170-B, and mutation is not an independent transaction.

Court: High Court of Chhattisgarh at Bilaspur

Coram: Hon’ble Mr. Justice Naresh Kumar Chandravanshi

Date of Judgment: 30th April 2026

Citation: WPC No.3864 of 2021 (2026:CGHC:19687)

Core Law: Chhattisgarh Land Revenue Code, 1959 – Section 170-B (restriction on transfer of land from tribal to non-tribal); Transfer of Property Act, 1882; Constitutional Law – Article 226

Reading Time: 4 minutes

1.  Heading of the judgment

High court of chhattisgarh at bilaspur

Wpc no.3864 of 2021

Chandro ram (died through lrs) (petitioners) vs. Ganjhu & ors. (respondents)

Coram: hon’ble mr. justice naresh kumar chandravanshi

Date: 30th april, 2026

2. Legal framework

Major laws and provisions involved:

• Chhattisgarh land revenue code, 1959 – section 170-b (restrictions on transfer of land from scheduled tribe members to non-tribals; inserted by m.p. amendment act no.15 of 1980 with effect from 24.12.1980)

• Transfer of property act, 1882 – section 54 (sale of immovable property by registered instrument)

• Constitution of india, 1950 – article 226 (writ jurisdiction)

Subject matter of the judgment:

Whether a transaction of sale of land from a tribal to a non-tribal that to

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