STATE OF CHHATTISGARH Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in the defendants' second appeal are as under: -

(2.) The plaintiffs/respondents herein brought a suit for declaration of title over the suit land bearing Khasra No.879, area 0.70 acre, and also for permanent injunction and further declaration that order dated 30-10-1985 passed by the Sub-Divisional Officer (Revenue), Durg under Section 57(2) of the Madhya Pradesh (Chhattisgarh) Land Revenue Code, 1959 (for short, 'the Code') and further appellate order dated 9-9-1986 passed by the Additional Collector, Durg and also the second appellate order dated 15-1-1988 passed by the Additional Commissioner, Raipur Division, Raipur, are null and void.

(3.) The defendants / State opposed the suit holding that the order of the Additional Commissioner has become final and jurisdiction of civil court is barred as such, the plaintiffs are encroachers upon the Government land.