Chhattisgarh HC Quashes Tahsildar’s Section 248 Proceedings While Title, Partition And Injunction Suit Is Pending

The petitioner challenged proceedings initiated by the Tahsildar, Nawagarh, under Section 248 of the Chhattisgarh Land Revenue Code, 1959, including orders dated 23 August 2024 and 16 October 2024.

He submitted that a civil suit concerning title, partition and permanent injunction over the same subject matter was pending, and argued that the Tahsildar lacked jurisdiction to proceed.

The State and respondent No. 5 opposed the petition, contending that no interim injunction had been granted in the civil suit, the Tahsildar had jurisdiction, and the petitioner had also filed a revision against the impugned order.

The Court considered Section 248 of the Chhattisgarh Land Revenue Code, 1959, which was the basis for the Tahsildar’s proceedings.

It stated that judgments and orders of Civil Courts are binding on Revenue Courts.

No precedent was cited, and the Court did not set out a broader statutory test governing Section 248 proceedings during the pendency of a civil suit.

The Court noted that the civil suit concerned title, partition and permanent injunction, matters that overlapped with the subject of the Tahsildar’s proceedings.

In those circumstances, it held that the Tahsildar ought to have awaited the Civil Court’s decision rather than continue the revenue proceedings.

Although the respondents relied on the absence of an interim injunction and the petitioner’s statutory revision, the Court quashed the proceedings at that stage and left the petitioner free to pursue the application under Order 39 Rules 1 and 2 CPC in the civil suit.

After the civil suit is decided, the parties may apply to the Tahsildar, who must decide the matter in accordance with law and in light of the Civil Court’s decision.

The petitioner may pursue the pending interim-injunction application before the Civil Court.

The writ petition and interim application were disposed of.