Order on Board

03/02/2025

1. By the present writ petition, the petitioner is questioning the order dated 01/08/2024 (Annexure P/1) passed by the Tahsilder, Belgahna whereby the Tahsildar affirmed his own order dated 15/05/2023 whereby he had directed the petitioner to stop construction over the land in question.

2. Learned counsel appearing for the petitioner submits that the impugned order dated 01/08/2024 as well as the order dated 15/05/2023 are restraining the petitioner to construct over the land owned by the petitioner. He further submits that the orders passed by the Tahsildar are in the nature of temporary injunction that cannot be passed by the Tahsildar by exercising jurisdiction under the Chhattisgarh Land Revenue Code, 1959 (CGLRC). He further contended that the temporary injunction order of the like nature cannot be passed in exercise of jurisdiction by the Court of Tahsildar. In support of his contention, he placed reliance on the judgment passed by the Coordinate Bench of this Court in the matter of Smt. Vandana Gupta vs. State of Chhattisgarh & Ors. in WPC No.235/2020 and submits that the order passed by the Tahsildar is without jurisdiction and the same cannot be sus