Decided on November 24,1967

STATE OF M.P. Appellant
ATMARAM Respondents


SINGH, J. - (1.) THIS Second appeal arises on the following facts.
(2.) THE plaintiff erected a Pan -thela on one side of a road in Balaghat. This led to Revenue case No. 15/A -68 of 60 -61, in which the Tahsildar, Balaghat, found that the plaintiff was in unauthorized occupation and ordered him to remove the Pan -thela. This order, which is dated 4 -1 -1961, was passed under section 248 of the Madhya Pradesh Land Revenue Code, 1959. The plaintiff then filed the present suit against the State of Madhya Pradesh for a declaration that the order of the Tahsildar is illegal, void and without jurisdiction and cannot be executed against him. The grounds on which this' relief is claimed by him are that he was in authorised occupation having obtained permission from the Municipal Committee, Balaghat, and that, in any case, as the road is within the limits of the Municipal Committee, the Tahsildar had no jurisdiction to take any action under section 248 of the Land Revenue Code, 1959. The courts below have held that the plaintiff's occupation of the road is wholly unauthorised but they have further held that as the road is within the limits of the Municipal Committee, Balaghat, the Tahsildar lacked inherent jurisdiction to pass any order under section 248 of the Code. The plaintiff, on this finding, obtained the declaration as prayed by him from 3rd Civil Judge, Class II, Balaghat, which was confirmed in appeal by the Additional District Judge, Balaghat. The, State now appeals to this court. The only point argued before me is about the jurisdiction of the Tahsildar in passing the order impugned in the suit.
(3.) THE learned counsel appearing for the parties are agreed that the land of the road is owned by the State, and that the road is in the nature of a public street within the area of the Balaghat Municipality. It is also now agreed that the plaintiff is and has always been in unauthorised occupation.;

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