CHHABILAL SAHU Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Outstanding issue which emanates for consideration is distinction between "arrears of land revenue" recoverable under Section 139 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code') and "dues recoverable as arrears of land revenue" under Section 155 (c) of the Code.

(2.) The Commissioner for Employee's Compensation, Raipur passed an award in favour of the petitioner on 19-1-2007 and appeal filed against the said award by the employer was dismissed by this Court on 16-12-2008 in M.A.(C) No.1474/2008. On application for execution of the said award, the Commissioner for Employee's Compensation issued recovery certificate and forwarded to the Naib Tahsildar, Nawapara, Distt. Raipur for execution and ultimately, by the impugned order, the Additional Tahsildar, Nawapara has held that the persons against whom the order was passed own only 2.78 hectares of land and as per Section 147 of the Code, the land cannot be attached for sale if the concerned person owns less than 4 hectares of land.

(3.) Feeling aggrieved against the order of the Additional Tahsildar, the petitioner herein has filed this writ petition stating inter alia that the order passed by the Additional Tahsildar is illegal and bad in law as Section 147 of the Code would not be applicable in case the amount of compensation is "dues recoverable as arrears of land revenue" under Section 31 of the Employee's Compensation Act, 1923 (for short 'the Act of 1923') and, therefore, the order passed by the Additional Tahsildar deserves to be set aside.