HEGH COURT OF JUEKLATURE CHHAT?{SGARH : 3ILA$PUR $§NGLE BENCH : HON’BLE SHRI SR. NAYAK, Cd. fit Petiéicn 9&044562 of 2&96 : Kabir Jagu Asahram. through its ?E?§T§$NER Sarvas'akar, Shri Anukarandas Sahib, vmage Senchua, District Dhamiaré Chhai‘tisgarh Represented by Power of Attorney Haider Shri lshuram, aged about 64 years, S/o Shri Bahorikram Sahu, R/o Viiiage Junwani, Distrist Dhamtari, Chha’msgarh Vs. RESPQNDEN‘iE 1. Siaie of Chhaitisgarh, thi'ough Coiiector, Dhamtari, Chhatiisgarh Board of Revenue, Chhaiéisgarh, C§rcu§t Court, Raipur, through its Seeietary, Board of Revenue, Biiaspur, Chhatiisgarh 3. Sab Divisionai Officer, Dhammri, Dietrict Dhamtari, Chhatiisgarh 4. Tehsiidar, Dhemtari, District Dhamiari Qh’natiiegarh 5. “Tuisiram, S/o Shri Sakhaiam Gond, resident ef Viiiage Senchua, Tehsii and District Dhamtari, Chhat’tisgarh ?resem: Shri Ranbir Singh Mérhas, ieamed counsel fer the petiticrier‘ Shri Sanjay S. Agrawai, learned GA. for respondents 1 to 4. e GRAL ORDER (Passed on 24E August, 2b06) Having heard {earned counsel for the petitioner for considerable time, on a short ground, l am not inclined to entertain this writ petition. The admié-red position is that the petitioner who is the purchaser of the subiect iand before purchasing the subiect land from an aboriginal tribai 'did not secure permission of the District Collector as envisaged under Clause (ii) of sob-Section (6) of Section 165 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘The Code'). Sub-Section (8) reads as ioliows: "(6) Notwithstanding anything contained in sub- section i1) the right of Bnumiswami belonging to a tribe which has been deckared to be an aboriginal tribe by the State Government by a notification in that behalf, for the whole or pari of the area to which this Code applies shali- (i) in such areas as are predominately inhabited by aboriginai ribes and from such date as the state Government may, by noti.acation, specified, not be transferred nor it shall be transferable either by way of sale or otherwise or as a consequence of transaction of I loan to a person not belonging to such tribe in the are specified in the notification; (ii) in areas other than those specified in the notification under ciause {i}, not to be transferred or be transferable either by way of saie or otherwise or as a consequence of transaction of loan to a person not belonging to such tribe Without the permission of a Revenue Officer not beiow the rank of Coilector, given for reasons to be recorded in writing.“ The ianguage empioye’oi in Clause (ii) is piain, precise, unambiguous and mandatory in nature and it is intended to protect the rights of the aboriginals. Therefore, the provisions of Clause (ii) of sub— Section (6) of Section 165 of the Code shouid be construed strictiy and in a way to achieve and advance the iegisiative objective. (2) in that view of the matter‘ the order of the Board of Revenue holding that the saie transaction is iilegai and directing restoration of iand to the 5‘“ respondent is justified and iegai. The writ petition is, therefore, dismissed. No costs. Sci!- Chief Justice 92M