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2017 Supreme(Chh) 174

SANJAY K.AGRAWAL
Lalti Devi, Wd/o Late Sevalal – Appellant
Versus
State of Chhattisgarh, through the Secretary, Revenue Department, Mantralaya – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashok Kumar Shukla
For the Respondents: Mr. Arun Sao, Mr. Abhishek Sinha, Miss S. Harshita

ORDER :

1. By order dated 29-3-2017, the Tahsildar, Prem Nagar, has granted temporary injunction restraining the petitioner from raising any construction work till the partition is affected which has been assailed by the petitioner before the Collector by filing revision and the Collector has dismissed the revision and upheld the order passed by the Tahsildar against which this writ petition has been preferred.

2. Learned counsel for the petitioner submits that the Tahsildar has passed order on 29-3-2017 granting temporary injunction for which he has no jurisdiction, therefore, the order passed by the Tahsildar is without jurisdiction and without authority of law. He relies upon a decision of the High Court of Madhya Pradesh in the matter of Maya Lalchandani (Mrs.) and others v. Board of Revenue and others 2009 (3) MPLJ 660 in which the M.P. High Court has held as under: -

“4. After going through the order passed by the learned President, Board of Revenue and taking into consideration the legal provisions, we are of the opinion that the directions issued in paragraph 7 of the order passed by the Board of Revenue cannot be allowed to stand. Section 32 of the Land Revenue Code talks of










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