Gajendra Singh Rathaur vs State Of Chhattisgarh And Ors

Prashant Kumar Mishra, J

This writ petition has been preferred, in essence, for execution of the order passed by the Tehsildar (Nazul), Kondagaon on 16.07.2015 against one

Smt. Bharti, widow of Late Babulal Mehta and on 20.12.2017 against Balram Yadav. Both the orders have been passed by the Tehsildar in exercise

of powers under Section 248 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code, 1959'). The writ jurisdiction cannot be invoked for

execution of an order passed by the jurisdictional Revenue Officer.

Section 248 of the Code, 1959 provides for execution of the order, if the person remains in unauthorized occupation after the date of order of

ejectment. Sub-section (2-A) of Section 248 provides that if any person continues in unauthorized occupation or possession of land for more than 7

days after the date of order of ejectment under sub-section (1), then without prejudice to the fine that may be imposed thereunder, the Sub Divisional

Officer shall cause him to be apprehended and shall send him with a warrant to be confined in a civil prison for a period of 15 days in case of first

ejectment and 3 months in case of second or subsequent ejectment.

Let the petitioner move appropriate application under Section 248 (2-A) of the Code, 1959, as mentioned above, which shall be disposed of by the

concerned Revenue Authority in accordance with law.

The writ petition stands disposed of.