NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (C) No. 2162 of 2021

• Ganpat Ram S/o - Late Dhirsay Aged About 52 Years R/o - Gram-Patna,

Tahsil Baikunthpur, District Koriya Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Revenue And

Disaster Management, Mahanadi Bhawan New Raipur District Raipur

Chhattisgarh

2. Collector Koriya, District Koriya Chhattisgarh

3. Chief Executive Officer Zila Panchayat Koriya, District Koriya

Chhattisgarh

4. Tahsildar Baikunthpur, District Koriya Chhattisgarh

5. Sarpanch Gram Panchayat Patna, Tahsil Baikunthpur District Koriya

Chhattisgarh

6. Secretary Gram Panchayat Patna, Tahsil Baikunthpur District Koriya

Chhattisgarh

---- Respondents

For Petitioner

: Shri F.S. Khare, Advocate

For Respondents No. 1,2 and 4: Ms. Akanksha Jain, Dy. Govt. Advocate

Hon'ble Shri Justice

Narendra Kumar Vyas

Order On Board

07.05.2021

1. Heard learned counsel for the petitioner at length.

2. By filing this writ petition, the petitioner has challenged the order

dated 26.12.2020 passed by the Tahsildar, Tahsil – Baikunthpur

District- Korea by which penalty of Rs. 1000/- has been imposed

upon him being encroacher of the Government Land bearing

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Khasra Number 599/2 Rakba 0.2 Hectare out of which he has

constructed house in land ad-measuring 0.040 Hectare and kitchen

garden in 0.160 Hectare and direction has been issued to the

Patwari to remove the illegal encroachment made over the land by

the petitioner.

3. The brief facts as reflected from the records are thathe learned

Tahsildar Baikunthpur, District Korea has issued notice dated

12.06.2020 to the petitioner under Section 248 of the Chhattisgarh

Land Revenue Code, 1959 (for short, “the Code 1959”) alleging

that the petitioner is encroacher. The petitioner has submitted his

reply on 19.06.2020 contending that his parents have been residing

for the last 80 years on the said land. The Government has

reserved Khasra No. 599/1 for the construction of “Gothan”, still the

Government is using Khasra No. 599/2 for construction of “Gothan”.

The Petitioner has no other residential house, therefore, prayed for

issuance of lease in his favour and withdrawal of notice.

4. The learned Tahsildar by the impugned order dated 26.12.2020 has

rejected the objection raised by the petitioner and imposed penalty

of Rs. 1000/- as petitioner was held to be encroacher of the

Government land and also directed the Patwari to remove illegal

encroachment made by the petitioner on the said land. This order

is challenged by the petitioner by filing writ petition under Article

226 of the Constitution of India.

5. The proceedings under Section 248 of the Code 1959 is exclusively

within the jurisdiction of the Revenue Authorities. As such it is

appealable order under Section 44 of the Code, 1959. The relevant

portion of Section 44 of the Land Revenue Code 1959 is

reproduced below :-

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“44. Appeal and appellate authorities. - (1) Save where it has been

otherwise provided, an appeal shall lie from every original order

under this Code or the rules made thereunder-

(a) if such order is passed by any Revenue Officer subordinate

to the Sub-Divisional Officer, whether or not the officer

passing the order is invested with the powers of the

Collector-to the Sub-Divisional Officer;

6. This Court has confronted learned counsel for the petitioner with

the provisions of the Chhattisgarh Land Revenue Code 1959, more

precisely Section 44 of the Chhattisgarh Land Revenue Code, 1959

which provides remedy of filing an appeal before the Sub Divisional

Officer against the order passed by the Revenue Officer. Section

248 Sub-Section W(i) of the Land Revenue Code also provides that

proceedings initiated under Section 248 of the Land Revenue Code

is well within the jurisdiction of the Revenue Authority. Thus, it is

an appealab