Order on Board

18.03.2024 Heard.

1. The petitioner has filed this petition seeking the following relief(s):-

“10.1 That this Hon’ble Court may kindly be pleased to set aside the impugned order dated 16.04.2019 and 31.01.2019 Annexure P/1 passed by the respondent No.3 Tahsildar Ambikapur.

10.2 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”

2. The facts of the present case are that the land bearing survey Nos.

273/22, 273/23 new survey No. 257/22 admeasuring 36 decimals situated at Village Bhagwanpur, Tahsil-Ambikapur, District-Surguja (C.G.) was earlier settled in the name of Smt. Amela Sarkar, mother of respondents No. 4 & 5. On 22.04.1993, Smt. Amela Sarkar executed a sale deed in favour of the petitioner; the entire consideration amount was paid and possession was also handed over to him. The petitioner erected a dwelling house over that land and he is residing there along with his family. In the year 1996, Smt. Amela Sarkar expired and the names of respondents No. 4 & 5 were recorded in the revenue records in the year 2010. Respondents No. 4 & 5 executed a sale deed in favour of respondent No. 6 on 01.04.2010 with respect to the subject land. On 24.11.2011, respondent No.6/Manoranjan Majumdar moved an application under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code of 1959’) and the same was allowed by the learned Tehsildar, Ambikapur, District-Surguja (C.G.) vide order dated 05.06.2012. An appeal was preferred before the Sub-Divisional Officer (Revenue) by the petitioner and the same was dismissed vide order dated 22.09.2012. The Commissioner and the Board of Revenue also dismissed the appeal and revision preferred by the petitioner vide order dated 06.11.2015 and 02.09.2016 respectively. The petitioner challenged the order passed by the Revenue authorities by filing WPC No. 2528 of 2016 and vide order dated 05.10.2016, that petition was disposed of reserving liberty in favour of the petitioner to institute a civil suit before the competent Civil Court and an order of status quo was granted in favour of the petitioner. Thereafter, the petitioner filed a civil suit for the specific performance of the contract before the learned Vth Civil Judge Class-II, Ambikapur, District Surguja (C.G.) and the same was dismissed vide judgment and decree dated 11.04.2017. The first appeal preferred under Section 96 of the CPC was also dismissed vide order dated 13.03.2019. Thereafter, the petitioner preferred a second appeal bearing S.A. No. 262 of 2019 and the same is pending consideration before this Court. After the dismissal of the civil suit by the learned Vth Civil Judge Class-II, Ambikapur (C.G.), respondent No. 6 again preferred an application under Section 250 of the Code of 1959 and the same has been allowed by the learned Tehsildar, Ambikapur (C.G.) vide order dated 31.01.2019 and against that order, the present petition has been preferred.

3. Learned counsel appearing for the petitioner would submit that the application moved by respondent No. 6 under Section 250 of the Code of 1959 was not maintainable as in the earlier round of litigation similar application was moved which was allowed by the Tehsildar and the order was upheld up to the Board of Revenue and therefore, there was no need to move a fresh application seeking similar relief. He would further submit that a civil suit was filed by the petitioner for the specific performance of the contract and respondent No. 6 ought to have claimed possession of the subject property by filing the counter claim. In support of his submissions, he placed reliance on the judgment passed by the Coordinate Bench of this Court in the matter of Asgar Ali Vs. Amna Bi reported in 2011 (3) MPHT 98 (CG) and the matter of Rishikesh and Others Vs. Lakheswar, reported in 2014 (1) CGLJ 43. He would pray that the order passed by the concerned Tehsildar may be quashed