The jurisdiction of the Naib Tahsildar to exercise the powers of the Tahsildar under Section 248 of the Chhattisgarh Land Revenue Code, 1959, and the availability of legal remedy under the relevant section of the Code.

1. By this petition, the petitioner impugns the order dated 9-2-2007 where under the petitioner has been directed to remove the encroachment within a period of seven days and pay a penalty of Rs.1,500/- as fine for unauthorizedly taking possession of the Government land and order dated 19-2-2007 where under warrant for ejection of the petitioner from the Government land was issued.

2. The indisputable facts are that the petitioner unauthonzedly occupied 0.50 acres of Government land bearing khasra No.6/1 admeasuring 74.39 hectares in Patwari Halka No. 19, Revenue circle Kota, Tehsil Kota, District Bilaspur. On a complaint made by the Revenue Authorities With regard to illegal occupation of the Government land by the petitioner as stated above; a' notice was issued on 2-2-2007 returnable on 6-2-2007. The petitioner appeared and sought for lime till 9-2-2007. On 9-2-2007, the Naib Tahsildar, Ratanpur, District Bilaspur (respondent No.2) after perusing all the revenue records and hearing the petitioner held that the petitioner was in unauthorized possession of the Government land. Accordingly an order was passed to vacate the same within a period of seven days and to pay a sum of Rs. 1,500/- as penalty for unauthorizedly taking possession of the Government land, in exercise of his power under the provisions of Section 248 of the Chhaitisgarh Land Revenue Code, 1959 (for short 'the Code, 1959') The petitioner failed to comply with the order dated 9-2.2907, thus warrant for ejection was issued an 19-2-2007 by the respondent No.2.

3. Being aggrieved and dissatisfied with the impugned orders, the petitioner filed this petition under Article 227 of the Constitution mainly on the ground that respondent No.2 has no jurisdiction to exercise power of Tahsildar under Section 248 of the Code, 1959. The petitioner contended mildly other points on the merit also.

4. After hearing learned Counsel for the petitioner and perusing provisions of law, pleadings and records appended thereto, it is clear that the power of Tahsildar can be exercised by the Naib Tahsildar under the provisions of Section 24 of the Code, 1959, which reads as under:

"24. Conferral by State Government of Powers of Revenue Officers on Officials and other persons.-(1) The State Government may confer on any person the Powers conferred by or under this Code on any Revenue -

(2) The State Government may confer on any Assistant Collector, Tahsildaror Naib Tahsildar the powers conferred by this Code on a Revenue Officer of a higher grade."

Sub-section (2) of Section 24 of the Code, 1959 clearly provides that the State Government may confer on any Assistant Collector, Tahsildar or Naib Tahsildar the Powers conferred by this Code on a Revenue Officer of a higher grade.

5. Section 248 of the Code, 1959 reads as under:

"248. Penalty for unauthorizedly taking possession of land. - (1) Any person who unauthorizedly takes or remains in Possession of any unoccupied land, abadi, service land or any other which has been set apart for any special Purpose under Section 237 or upon any land which is the property of Government may be Summarily ejected by order of the Tahsildar and any crop which may be standing on the land and any building or other work which he may have constructed thereon, if not removed by him within such time as the Tahsildar may fix shall be liable to forfeiture. Any property so forfeited shall be disposed of as the Tahsildar may direct and the cost of removal of any crop, building or other work and of all works necessary, to restore the land to its original condition shall be recoverable as an arrear of land revenue from Him. Such person shall also be liable at the discretion of the Tahsildar to pay the rent of the land for the period of unauthorized occupation at twice the rate admissible for such land in locality and to a fine which may extend to five thousand rupees and to a further fine which may extend to twenty rupees for every day on which Such unauthorized oc