VANDANA GUPTA Vs. STATE OF C.G.

JUDGEMENT

(1.) The challenge in this petition is to the order dtd. 14/9/2018 passed by the Tahsildar, Balrampur (Annexure P2) whereby a temporary injunction order was issued against the petitioner restraining any construction or further alienation or change of nature of the suit property.

(2.) Learned counsel for the petitioner would submit that the said order of temporary injunction of the like nature cannot be passed in excess of jurisdiction by the Court of Tahsildar. He relies on a decision of this Court rendered in case of Seraj Ahmad Vs. State of C.G., 2017 (4) CGLJ 559 and would submit that the order passed by the Tahsildar, therefore, is without jurisdiction.

(3.) Learned Counsel for the State would submit that the order is appealable, therefore, the petitioner should have filed an appeal u/s 44 of the Land Revenue Code.