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3. On the other hand, Mr. Abhishek Gupta, would oppose the submissions

made by Mr. Dubey. Mr. Gupta would submit that the petitioners are

encroachers of government land, and therefore, the proceedings have

been initiated by the Tahsildar according to the provisions of Section 248 of

Chhattisgarh Land Revenue Code, 1959. He would contend that the

petitioners have been granted opportunity to produce relevant documents,

but they failed, and therefore, concerned Tahsildar granted them two days

time to remove the encroachment.

4. I have heard learned counsel for the parties and perused the documents

placed on record.

5. Section 248 of Chhattisgarh Land Revenue Code, 1959 is reproduced

herein-below :-

“248. Penalty for unauthorisedly taking possession of

land. (1) Any person who unauthorisedly 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, or any

authority, body corporate, or institution constituted or

established under any State enactment, 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 unauthorised occupation at twice the

rate admissible for such land in locality and to a fine

which may extend to [twenty five thousand rupees]

[Substituted 'five thousand rupees' by C.G. Act No. 14

of 2011, dated 3.5.2011.] and to a further fine which

may extend to [two hundred rupees] [Substituted

'twenty rupees' by C.G. Act No. 14 of 2011, dated

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shall cause him to be apprehended and shall send

him with a warrant to be confined in a civil prison for a

period of fifteen days in case of first ejectment and

three months in case of second or subsequent

ejectment :Provided that no action under this sub-

section shall be taken-

(i)unless a notice is issued calling upon such person

to appear before the Sub-Divisional Officer on a day

to be specified in the notice and to show cause why

he should not be committed to the civil prison;

(ii)in respect of encroachments on Government and

Nazul lands for the settlement of which the

Government have issued orders from time-to-

time :Provided further that the Sub-Divisional Officer

may order the release of such person from detention

before the expiry of the period mentioned in the

warrant if he is satisfied that the unauthorised

possession has been vacated :Provided also that no

woman shall be arrested or detained under this sub-

section.

(2-B) The State Government may make rules for the

purpose of carrying into effect the provisions of sub-

section (2-A).

2[(3) Notwithstanding anything contained in the Code,

the State Government or any officer, authorized by the

State Government, entmay do settlement of

encroachments prior to the date fixed by the State

Government time-to-time and the State Government

may make rules in this relation.”

6. Bare reading of above-quoted provision would make it clear that the

concerned Tahsildar is under obligation to afford opportunity to person who

has encroached over the Government land. In the present case, the

Tahsildar, Nandghat without complying with the provisions of Section 248

and without affording any opportunity of hearing directly passed final order

of eviction, which is not in consonance with the provisions of Section 248 of

Chhattisgarh Land Revenue Code, 1959.

7. Taking into consideration the fact discussed-above and the provisions of

Section 24