Prashant Kumar Mishra, J
1. The issue brought before this Court by way of challenge to the order passed by the Board of Revenue on 24.10.2016 pertains to exercise of power
by the concerned Tehsildar under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (for short the Code, 1959) directing the petitioner to
hand over possession of the land to the respondent No.1.
2. It is argued that while exercising power under Section 250 of the Code, 1959, the procedure prescribed under the Code, 1959 has not been
followed. It is further putforth that the petitioner has constructed a house over some part of the land, therefore, it was not vacant agricultural land.
Thus, power under Section 250 of the Code, 1959 is not invokable.
3. Having heard learned counsel for the parties and on perusal of papers, it appears that there is a demarcation report dated 8.01.2013 holding that the
petitioner has encroached 338 sq. meter of land belonging to the respondent No.1 and has raised Kachcha construction on a part thereof. If the
petitioner claims title to the said piece of land and on that basis claims entitlement to protect her possession, the appropriate recourse open to the
petitioner is to move before the jurisdictional Civil Court to establish her title and protect possession.
4. Even if the Commissioner has dismissed petitioner's appeal on the ground of limitation, the Board of Revenue has passed the order on merits. To
give quietus to the entire lis between the parties, it would be appropriate for the petitioner, if she so desires, to move before the jurisdictional Civil
Court.
5. Accordingly, the writ petition is disposed of with observation that if the petitioner moves before the jurisdictional Civil Court to establish her title and
protect possession within a period of 2 months from today and also moves an application for grant of temporary injunction, the same shall be
considered on its own merits by the Civil Court within a period of 2 months from the date of filing of suit.
6. For a period of 4 months from today, the parties shall maintain status quo over the suit property. However, it is made clear that the order of status
quo allowed by this Court shall remain subject to the order passed by the Civil Court on petitioner's application under Order 39 Rule 1 & 2 of CPC on
its own merits and grant of status quo under this order shall not be construed to be any finding one way or the other on the three pillars of issuance of
temporary injunction.
