AI Overview...
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Power of Sub-Divisional Officer (SDO) under Section 248 of M.P. Land Revenue Code - The SDO does not have the authority to exercise powers under Section 248; such powers are vested solely in the Tahsildar. Orders for ejectment or related actions must be passed by the Tahsildar, not the SDO. This is supported by judicial decisions clarifying that the SDO cannot invoke Section 248 for ejectment proceedings. Gandhi Ashram VS Hari Prasad Agrawal - Madhya Pradesh, Baheed Khan and others VS State of M. P. and others - Madhya Pradesh, State of M. P. VS Uttam Chand - Madhya Pradesh
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Jurisdiction and Proper Authority for Ejectment Orders - Courts have held that orders passed by SDOs or other authorities like the Sub-Divisional Officer or Commissioners without proper jurisdiction are invalid. The Tahsildar is the competent authority under Section 248 for passing ejection orders, and any deviation from this statutory framework is unlawful. Punjaram Mithu Kirad VS Khandelwal Ferro Alloys Ltd. and Ors - Bombay, Gandhi Ashram VS Hari Prasad Agrawal - Madhya Pradesh
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Legal Precedents and Statutory Interpretation - Judgments emphasize that powers under Section 248 are specifically assigned to Tahsildars, and orders by other officers without jurisdiction are not valid. Delegation of powers must be explicitly made; otherwise, actions taken by officers like SDOs are not legally sustainable. Punjaram Mithu Kirad VS Khandelwal Ferro Alloys Ltd. and Ors - Bombay, Gandhi Ashram VS Hari Prasad Agrawal - Madhya Pradesh, Baheed Khan and others VS State of M. P. and others - Madhya Pradesh
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Limitations and Exceptions - Certain provisions, such as those related to land encroachment or specific cases like Wakf properties, clarify that Section 248 cannot be invoked by SDOs, reaffirming the Tahsildar’s exclusive authority. Baheed Khan and others VS State of M. P. and others - Madhya Pradesh
Analysis and Conclusion: The collected references establish that under the Madhya Pradesh Land Revenue Code, Section 248 explicitly grants the Tahsildar, not the Sub-Divisional Officer, the authority to pass ejection orders concerning land encroachments. Orders passed by SDOs or other officers without proper jurisdiction or delegation are invalid. Judicial rulings consistently reinforce that exercising powers under Section 248 by officers other than the Tahsildar is beyond their legal authority, making such actions unlawful. Therefore, the Sub-Divisional Officer cannot exercise powers under Section 248 of the MP Land Revenue Code.
Search Results for "Sub Divisional Officer Cannot Excercise Power Section 248 of m P L R Code"
2000 0 Supreme(MP) 1255 • India - Madhya Pradesh
S.C.PANDEY
(4) Limitation Act, 1963 -- Ss. 3 and 5 -- order passed privately and secretly by Sub-Divisional ... On the other hand, it had held that the power to eject a person who had encroached upon a land, would be vested in the Tahsildar and the Sub-Divisional Officer had no right to proceed under Section 248 of the Code. ... Despite this fact no order for ejectment was passed by the Tahsildar under Section 248#H....
2012 0 Supreme(MP) 388 • India - Madhya Pradesh
SUJOY PAUL
54 and 55 of the Act -- provisions of section 248 of M.P. land Revenue Code, 1959 cannot be invoked. ... , 1959 (M.P.) -- S.248 -- applicability of -- encroachment on wakf property -- provisions of section 248 not attracted -- remedy ... nbsp;(3) Precedent -- applicability of -- judgments are precedent on basis of facts and circumstances of case -- there cannot ... These orders are passed by Tahsildar, Sub-Divisional#HL_EN....
2007 0 Supreme(Chh) 243 • India - Chhattisgarh
SATISH K.AGNIHOTRI
the powers of the Tahsildar under Section 248 of the Code. ... under Section 248 of the Chhattisgarh Land Revenue Code, 1959. ... Land Encroachment - Jurisdiction of Tahsildar - Chhattisgarh Land Revenue Code, 1959, Section 248 Fact of the Case: ... ... Under the provisions of Section 248 of the Code, 1959, the Tahsildar may pass ejection order summarily and further may impose ....
1972 0 Supreme(Bom) 63 • India - Bombay
D.B.PADHYE, S.M.HAJARNAVIS
The court also held that the orders of the Sub-Divisional Officer and the Commissioner were not without jurisdiction. ... Fact of the Case: The petitioner challenged the orders of the Sub-Divisional Officer and the Commissioner fixing the ... , 48(5), 48(6), 248, 249(2), 252 - The delegation of powers under Section 48(3) of the Maharashtra Land Revenue Code, 1966 is not ... In fact, there has been no delegation made at all in the ....
1999 0 Supreme(MP) 887 • India - Madhya Pradesh
A.K.GOHIL
(1) Land Revenue Code, 1959 (M.P.) -- S. 248 -- action under -- cannot be taken by Sub-Divisional Officer -- it is only Tahsildar ... Section 237 of the M.P. Land Revenue Code provides use of unoccupied land for exercise of Nistar rights. ... under section 248 of the M.P. ... Land Revenue Code is not applicable on the house and under this section Sub#H....
2015 0 Supreme(SC) 1060 • India - Supreme Court
M.Y.EQBAL, C.NAGAPPAN
... The Sub-Divisional Officer, Haveli, Sub Division, Pune, initiated ... The said revision was decided by the Sub Divisional officer at Maval on 28.1.2000 and those mutations were cancelled. ... under Section 247 or 257. ... It will equally appear that when the orders were passed in Revision Application No.12 of 1999 before the Sub Divisional Officer in exercise of the powers un....
2017 0 Supreme(Bom) 1234 • India - Bombay
RAVINDRA V.GHUGE
Delegation of Powers - Maharashtra Land Revenue Code - Section 247, Section 42, Section 44 - The judgment discusses the effect ... Officer (SDO) in 1989. ... Nayab Tahsildar, rejecting their appeals under Section 247 of the Maharashtra Land Revenue Code. ... All Officer in a Sub-Division, Subordinate to the Sub-Divisional Officer. ... Sub-Divisiona....
2016 0 Supreme(All) 1318 • India - Allahabad
ANJANI KUMAR MISHRA
be issued restraining the Sub-Divisional Officer from making Amaldaramad of this order in the Revenue records. ... the name—Order became final upon dismissal of writ petition filed by petitioners challenging the same—Held, writ of prohibition cannot ... Land Revenue Act, 1901—Section 34— Constitution of India, 1950—Article 226—Name recorded on the report of succession—Crossing out—Amaldaramad ... Upon a complaint being made by one Ram Adhar, father of respondent Nos. 5 and 6, this entry was ordered to b....
2002 0 Supreme(Chh) 77 • India - Chhattisgarh
FAKHRUDDIN
Permission - Government Land - Article 299 of the Constitution of India, Section 19 of Water Act, 1974 - Section 3(2)(v) of Environment ... On 25-11-1988 a notice was issued by the Sub-Divisional Officer, Dhamtari to the appellant/plaintiff under Sub-clause (1) Clause (b) (ii) of Sub-section (2) of Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. ... The Trial Court has observed that the plaintiff in ....
1963 0 Supreme(AP) 159 • India - Andhra Pradesh
BASI REDDY, ANANTA NARAYANA AYYAR
CRIMINAL PROCEDURE CODE - SECTION 215 - COMMITTAL TO SESSIONS COURT - QUASHING OF COMMITTAL - POWER OF HIGH COURT - COMMITTAL ... complaint, the Magistrate can take the case on file under Section 195 (1) (a) treating it as one made by an officer presiding over ... The Magistrate need not dismiss it on the Sale ground that it cannot be entertained in law as a complaint by Court. ... and the action of the sub-divisional Magistrate of Musiri must be considered to have be....
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