Tehsildars Authority On Encroachment
Summary
The Tehsildar has the authority to remove encroachments and restore roads as per the revenue courts order, unless a judicial court issues an interim relief or status quo. Seeking advice from a judicial magistrate is not typically within the Tehsildars jurisdiction but can be done for clarity. The Tehsildars actions are justified if they comply with the revenue courts directive, and consulting the judicial magistrate is a precautionary step to avoid legal complications.Full Conversation
He gave me letter in which he sought permission from judicial magistrate is he allowed to restore road or not. Does tehsildar has any jurisdiction or not to seek legal advice from judicial magistrate
The Tehsildar has the jurisdiction to act based on the revenue court's order unless there is a specific interim relief or status quo from the judicial court. Seeking legal advice from a judicial magistrate is not typically within the Tehsildar's jurisdiction. However, it can be done for clarity in complex situations.
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So why he is restoring road if judicial court has not barred him
It seems that the Tehsildar seeks to clarify the situation by consulting the judicial magistrate to avoid any legal complications. This is a precautionary step to ensure compliance with all legal processes.
Is there any specific outcome you're hoping for in this situation?
Can you give me any sample judgement as i can understand it thoroughly
Sure, here is a sample judgment related to encroachment and restoration of public property:
~Case Title: State of XYZ vs. ABC
Court: High Court of XYZ
Date: March *, *
Judgment:
*. Facts:
- The petitioner (State) filed a case against the respondent (ABC) for encroaching on a public road.
- The revenue court had previously ordered the removal of the encroachment and restoration of the road.
- The respondent challenged this order in the judicial court, which entertained the application but did not grant any interim relief or status quo.
*. Issue:
- Whether the Tehsildar has the authority to remove the encroachment based on the revenue court’s order in the absence of any interim relief or status quo from the judicial court.
*. Decision:
- The High Court held that the Tehsildar is bound to follow the revenue court's order and can proceed with the removal of the encroachment and restoration of the road.
- The Tehsildar seeking clarification from the judicial magistrate was deemed a precautionary measure but not a necessity.
*. **Rationale:
- The absence of an interim relief or status quo from the judicial court means there is no legal barrier preventing the execution of the revenue court's order.
- The Tehsildar's actions are justified as long as they comply with the revenue court’s directive.
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