The main legal point established in the judgment is the bar on Civil Court jurisdiction when the State Government or Revenue Officer is empowered to determine the matter, and the requirement for compliance with Section 80 of the Code of Civil Procedure when seeking relief against the State Government.

V.K. Shrivastava, J.

1. The plaintiffs-respondent Nos. 1 to 3 filed a suit for declaration and injunction alongwith an application under Section 91(1)(b) of the Code of Civil Procedure for permission to file the suit on the ground that the suit property is recorded as Gothan in revenue record and the defendants-applicants are making construction over the said property and thereby causing public nuisance and by so wrongful act affecting the public. The defendants-applicants opposed the application, and filed an application under Order VII Rule 11 of the Code of Civil Procedure stating that, the plaintiffs may avail relief from the Revenue Court under the Land Revenue Code and notice under Section 80 of the Code of Civil Procedure has not been served on the Government, therefore, the suit, being barred by law, is not tenable.

2. Learned Trial Court, vide impugned order dated 21-9-1998, allowed the application filed by the plaintiffs-respondent Nos. 1 to 3 under Section 91(1) of the Code of Civil Procedure and rejected the application filed by the defendants- applicants under Order VII Rule 11 of the Code of Civil Procedure.

3. Learned Counsel for both the parties are hear at length.

4. A copy of the plaint has been filed. From perusal of the same, it is apparent that, the plaintiffs-respondent Nos. 1 to 3, have been made averment that, a part of the land, bearing Khasra No. 123/3 area 1.995 hectares and Khasra No. 123/5 area 0.380 hectares, situated at Village Bajrangupur, is recorded as Gothan in the revenue records. The land is in the heart of the village and is used by the villagers for public purposes. The defendants-applicants unauthorisedly started making construction over it on 23-7-1998. Despite the prohibitory orders issued by Revenue Courts and criminal proceedings, the construction remained continued, therefore, the plaintiffs-respondent Nos. 1 to 3 filed a suit for declaring the suit land as the Public Nistari land of plaintiff and other villagers, and for issuing permanent injunction against the defendants-applicants, restraining them from interfering in the use of disputed land. An application under Section 91(1)(b) of the Code of Civil Procedure for permission to file civil suit on the grounds raised in the plaint was also filed.

5. The defendants-applicants filed application under Order VII Rule 11 of the Code of Civil Procedure and also filed reply to the application filed by the plaintiffs-respondent Nos. 1 to 3 under Section 91(1)(b) of the Code of Civil Procedure. The defendants-applicants, besides other grounds, also raised legal ground of non-compliance of provision contained in Section 80 of the Code of Civil Procedure. They also raised objection to the effect that, the land belongs to the Government, therefore, proper action can be taken only by the State Government, and relief can be availed under the provisions of the Land Revenue Code, it is, therefore, the jurisdiction of Civil Court is barred.

6. Learned Trial Court, vide impugned order, held that the suit land a public place, and by unlawful construction, public rights have been obstructed. The State being a formal party, notice under Section 80 of the Code of Civil Procedure was not necessary, and further in the interest of justice, holding permission to file the suit necessary; rejected the application filed by the defendants-applicants under Order VII Rule 11 of the Code of Civil Procedure and allowed the application filed by the plaintiffs-respondent Nos. 1 to 3 under Section 91(1)(b) read with Section 151 of the Code of Civil Procedure by impugned order dated 21-9-1998.

7. The relevant portion of Section 257 of the Chhattisgarh Land Revenue Code, 1959 reads as below :--

"257. Exclusive jurisdiction of revenue authorities.-- Except as otherwise provided in this Code, or in any other enactment for the time being in force, no Civil Court shall entertain any suit instituted or application made to obtain a decision or order on any matter which the Stat