Goutam Bhaduri, J
1. Heard.
2. Learned counsel for the petitioner submits that despite the order of the Board of Revenue to mutate the land declaring the petitioner is the owner in
the year 2010, when on an application filed, the mutation was commenced before the Tehsildar, the Tehsildar by its order dated 01.02.2017 has
refused to obey the orders of the Board of Revenue on the ground that the order of the Board of Revenue needs to be reviewed and made a
reference for review. The counsel submits that the Tehsildar do not have any such power under the Chhattisgarh Land Revenue Code, 1959.
3. Perused the order dated 01.02.2017, prima facie, it appears that the Tehsildar primarily has disobeyed the order of the Board of Revenue and has
refused to follow the directions of the Board of Revenue dated 13.12.2010 on mutation. One statutory authority exercising judicial or quasi- judicial
function may not be happy with any order of his appellate authority but under any circumstances the direction so given by the higher appellate forum
cannot be overreached. Considering the entire facts & circumstances of the case, the writ petition is disposed of with a direction that the order dated
01.02.2017 passed by the Tehsildar is set aside and the Tehsildar is further directed to proceed in accordance with law under Section 110 & 109 of
the Chhattisgarh Land Revenue Code, 1959 for mutation proceedings.
