Application of section 250 of the CG/MP land revenue code
My land comprising khasra no 766/7 and adjoining land of my wife having khasra no 775/21 at Bilaspur (CG) is being owned by us since 1986. The same has been demarcated by revenue officials i.e. Revenune Inspector and Patwari in June 2016. The piece of land is having Govt road from the front side (East) as well as from back side(West) whereas one side(North) is attached to the back of other houses already built. The fourth side(South) is having house of Mr Ojha and mr Das. While demarcation was conducted they do not have any objection but they have not signed the Pancnama as such revenue official have recorded in presence of others 5 peoples that neighbors have refused to sign the field book. The land available on ground does tally with the what has been described in the sale deeds of each one.Thus there is no dispute from adjacent peoples as well as land in shape and size is as mentioned in the sale deeds.
Latter on after six months of demarcation one gentleman called Chaturvedi A K places a Board there stating that the said land having khasra No 766/16 belongs to him.and he is a local one and is Gunda. While seeking approval from Nagar Nigam he placed an objection stating the land belongs to him but we requested authorities to get it examined as his piece of land is having different khasra number(766/16) must be somewhere else which he may not be knowing and might have bad intention of doing so.Patwari of the Nagar Nigam did physical examination of the area as well as perused my records since last five transactions related to our piece of land and after satisfying the correctness of the records and search reports placed by us he placed reportssaying " since khasra numbers are different therefore the lands should not overlap.And as our land has been demarcated by revenue officials he may find his piece of land by getting the same demarcated." On this strength Nigam did issued construction letter to us but he did not allowed us to go smoothly contrary made efforts to do construction overnight against which we got saty from Tehsil and filed application under sec 250 for stopping and getting our land cleared where he has dumped construction material for erecting the wall overnight. In the tehsil his adv placed preliminary objections but these were dismissed and case was listed for filing written statement .They have gone for revision to the Collector where arguments have been heard and now we have to file written arguments.
Meanwhile my friends are saying to file injunction as section 250 does not applies to this situation.
We should have gone to the civil court rather than the revenue court.
My own perception was that it is the revenue deptt who will ultimately decide the location of khasra No 766/16 which is owned by him as our khasra numbers have been demarcated by the same deptt and order issued in our favor long back and the things would be clear to both parties.
IN this it would be grate help to us if right approach is suggested please.We are retired employees and based at Raipur whereas the land is situated at Bilaspur and the opposite party is from local