Order on Board

30/01/2024

1) Heard finally with the consent of the parties.

2) By way of this petition, the petitioner is questioning the legality and propriety of the order dated 04/03/2017 (Annexure P-1) passed by Board of Revenue, Bilaspur in case No. R.N./06/R/A-13/380/2015, whereby, the revision preferred by the Petitioner against the order dated 05/12/2014 (Annexure P-4) passed by the Additional Commissioner, Bilaspur has been dismissed and consequent upon that the orders passed by the revenue authorities allowing the application moved by the private respondents under Section 131 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as “the Code, 1959”) has been upheld.

3) From perusal of the record, it appears that an application (Annexure P-5) was filed by the private respondents/villagers while invoking the provisions prescribed under Section 131 of the Code, 1959 as their right of way have been obstructed illegally by the petitioner for the last 4 months. On the basis of said application, the case was registered as Revenue Case No. 1/A-13/2010-11.

4) After considering the said application and the reply of the petitioner as submitted in the said proceeding and that by considering the Panchnama/Spot inspection done by the concerned Patwari, it was observed by the Tahsildar, Pamgarh vide its order dated 28/07/2012 (Annexure P-2) that the petitioner has obstructed the right of way of the villagers while encroaching the part of the Government land bearing Khasra No. 387 and 489 and in consequence, while allowing the application moved by the private respondents/villagers has directed the petitioner to remove the alleged obstruction within the period of 7 days else the same will be removed by imposing penalty upon him in exercise of the powers enumerated under Section 132 of the Code, 1959.

5) Being aggrieved with the aforesaid order, an appeal was preferred by the Petitioner before the Sub-Divisional Officer (R), Pamgarh, who in turn, vide its order dated 25/02/2013 (Annexure P-3) has dismissed the same while affirming the order as passed by the Tahsildar, Pamgarh.

6) The order as passed by the Sub-Divisional Officer (R), Pamgarh affirming the order of Tahsildar was found to be affirmed further by the Additional Commissioner, Bilaspur vide its order dated 05/12/2014 (Annexure P-4) in appeal preferred by the petitioner and, the revision preferred their against was also dismissed by the Board of Revenue, Bilaspur vide its order impugned dated 04/03/2017 (Annexure P-1), which has been questioned by way of preferring this petition.

7) Before examining the aforesaid orders as passed by the Revenue Authorities, it is necessary to examine the provision prescribed under Section 131 of the Code, 1959, which reads as under :-

“131. Rights of way and other private easements. - (1) In the event of a dispute arising as to the route by which a cultivator shall have access to his fields or to the waste or pasture lands of the village, otherwise than by the recognised roads, paths or common land, including those road and paths recorded in the village Wajib-ul-arz prepared under Section 242 or as to the source from or course by which he may avail himself of water, a Tahsildar may, after local enquiry, decide the matter with reference to the previous custom in each case and with due regard to the conveniences of all the parties concerned.

(2) No order passed under this section shall debar any person from establishing such rights of easement as he may claim by a civil suit.”

8) According to the aforesaid provision, the Tahsildar may decide the said application after holding a local inquiry with reference to the previous custom and with due regard to the conveniences of the parties concerned in order to ascertain as to whether the right of way of the petitioner has been obstructed or not.

9) It appears from perusal of the Panchnama/Spot inspection which was done on 15/05/2012 that the petitioner has obstructed the right of way of the villa