KAMAL NARAYAN GOSWAMI Vs. AKHILESH PURI GOSWAMI

JUDGEMENT

(1.) THE petitioner, by this petition, impugns the legality and validity of the order dated 29-11-2007 (Annexure P-l) passed by the Tehsildar, Rajim, whereby stay of the construction on the disputed land bearing Khasra No. 42/1 area of 18.110 hectare within the boundary of temple admeasuring 246.5 x 115 = 28347.5 situated at Rajim, granted on 12-10-2007 was declined to be vacated.

(2.) THE petitioner challenges the impugned order on the ground that the same has been passed in exercise of power under the provisions of the Chhattisgarh Land Revenue Code, 1959 (for short "the Code, 1959"). THE Tehsildar has no jurisdiction to pass such an order directing stay of the construction on the disputed property.

(3.) PER contra, Shri Harit, learned Dy. Advocate General appearing on behalf of the State/respondent No. 23 and Shri Prajapati, learned Counsel appearing on behalf of respondent Nos. 1 to 22, would submit that the order passed by the Tehsildar is appealable before the superior Revenue Authorities under the provisions of Section 44 of the Code, 1959. The petitioner could question the validity of the order on any ground including wrong exercise of jurisdiction. The property in dispute was prohibited land contemplated under provisions of Section 248 of the Code, 1959.