Order on Board

17.9.2024

1. Petitioner has filed this writ petition seeking following reliefs:-

“i. That the Hon’ble Court may kindly be pleased to issue appropriate writ and set aside the order dated 28.03.2024 passed by learned Tahsildar, Rajnandgaon in revenue case no.202404090800029/B-121/2023-2024 (Annexure P-1) in the interest of justice.

ii. To kindly make any other order or writ that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

2. Learned counsel for petitioner submits that the Tahsildar without hearing the petitioner and without granting opportunity to file reply to application for stay submitted by respondent No.5, has granted stay on construction work on the land in question, which is unknown to law. He submits that it is well settled that revenue Courts do not have power to grant injunction, it can be granted only by civil court and by none else. He places reliance on the order dated 16.9.2021 passed by Coordinate Bench of this Court in WPC No.235/2020 (Smt. Vandana Gupta vs. State of CG & ors).

3. Learned counsel representing respondent No.5 submits that he does not dispute legal submission made by