JAGDEV SINGH Vs. STATE OF C.G

JUDGEMENT

(1.) BY this petition, the Petitioner impugns the order dated 9-2-2007 where under the Petitioner has been directed to remove the encroachment within a period of seven days and pay a penalty of Rs. 1,500/- as fine for unauthorized taking possession of the Government land and order dated 19-2-2007 where under warrant for ejection of the Petitioner from the Government land was issued.

(2.) THE indisputable facts are that the Petitioner unauthorized occupied 0.50 acres of Government land bearing khasra No. 6/1 admeasuring 74.39 hectares in Patwari Halka No. 19, Revenue Circle Kota, Tehsil Kota, District Bilaspur. On a complaint made by the Revenue Authorities with regard to illegal occupation of the Government land by the Petitioner as stated above, a notice was issued on 2-2-2007 returnable on 6-2-2007. THE Petitioner appeared and sought for time till 9-2-2007. On 9-2-2007, the Naib Tahsildar, Ratanpur, District Bilaspur (Respondent No. 2) after perusing all the revenue records and hearing the Petitioner held that the Petitioner was in unauthorized possession of the Government land. Accordingly an order was passed to vacate the same within a period of seven days and to pay a sum of Rs. 1,500/- as penalty for unauthorized taking possession of the Government land, in exercise of his power under the provisions of Section 248 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code, 1959'), THE Petitioner failed to comply with the order dated 9-2-2007, thus warrant for ejection was issued on 19-2-2007 by the Respondent No. 2.

(3.) AFTER hearing learned Counsel for the Petitioner and perusing provisions of law, pleadings and records appended thereto, it is clear that the power of Tahsildar can be exercised by the Naib Tahsildar under the provisions of Section 24 of the Code, 1959, which reads as under: