ORDER :

1. The petitioner/defendant No. 8 has filed this civil revision against the order dated 07-02-2023 (Annexure P-1) passed by the First Civil Judge Class-II Mahasamund, District Mahasamund (C.G.) in Civil Suit No. S-62-A/2022 by which the learned Trial Court has rejected the application filed by the petitioner under Order 7 Rule 11 (d) read with Section 9 of the Code of Civil Procedure on the count that the provisions of Section 257 of the Land Revenue Code (for short, “the Code”) are not attracted to the facts of the present case as in the revenue records, the name of plaintiff -Chetna Malu is recorded. This order is being assailed by the petitioner in this Civil Revision.

2. The facts of the case as projected by the petitioner in Civil Revision are that the respondent No. 1/plaintiff has filed a Civil Suit No. S-62-A/2022 before the Civil Judge Class II Mahasamund, District Mahasamund for declaration of title, permanent injunction and recovery of possession after demolition of ongoing construction in the suit property and also grant vacant possession of the suit property bearing Khasra No. 1237/17/1 area 0.018 hectare and Khasra No. 1237/17/2 area measuring 375 sq.ft situated at Ashram Road, Vasant Colony Tehsil Mahasamund to the plaintiff. The brief plaint averments are that the suit property is diverted plot and recorded in the name of the plaintiff in revenue records. It is also case of the plaintiff that the land bearing Khasra No. 1237/17/1 was purchased through registered sale deed 24-10-2019 from Vinod Kumar Jain and she has taken possession. The suit property bearing Khasra No. 1237/17/2 has been purchased from seller Vinod Kumar Jain Agro Exim Pvt. Limited on 11-06-2020. Other property of the plaintiff and her husband was also there which is not in dispute. Plaint averment further shows that the defendant No. 8/ present petitioner has illegally taken possession two months prior on the suit property measuring 1740 sq.ft and started illegal construction. Defendant No. 8 is continuing the illegal construction on the suit property. It is also case of the plaintiff that the grassland 6 ft. wide and 91.56 ft long area of the suit land bearing Khasra No. 1238/15/1 and 1238/15/2 total area 3000 sq.ft. belongs defendant No. 9 and 10 which is not in dispute.

3. On these pleadings, the plaintiff has prayed for declaration that the defendant No. 8 who on the strength of defendant No. 1 to 6 is doing illegal construction on the suit property of the plaintiff as such the defendant No. 1 to 8 may be restrained from interfering in peaceful possession of the suit property.

4. Defendant No.8/petitioner has filed an application under Order 7 Rule 11 (d) of CPC mainly contending that the original land of suit property bearing Khasra No. 1237 is recorded as Government land in the Revenue records and this land was never transferred by the Government to anyone, therefore, it is not disputed that the suit property is grassland recorded in the Revenue records and the plaintiff was well aware of the fact, therefore, the defendant No. 8 has filed the petitions before this Court bearing WPC No. 1291/22 and WPC No. 4030 of 2023 in the name and style of Ramesh Singh Kanojiya wherein this Court had passed interim order on 11-03-2022 in WPC No. 1291 of 2022. The order was passed with regard to Khasra No. 1237 and copy of the order was also enclosed with the application. It is also case of the defendant No.8 that in that case plaintiff was also Party to the proceeding and has also submitted reply. Since it is a Government land, therefore, the plaintiff has not made the Collector as party, therefore, the suit is not maintainable and he has also stated that since no mandatory legal notice as provided under Section 80 of the CPC was given, therefore, the suit is not maintainable. It has also been stated that with regard to Khasra Number, the defendant No. 8 has also moved an application before the Tehsildar Mahasamund, under Section 248 of Land Reve