powers under Section 113 of the Land Revenue Code. The learned Counsel would contend that the findings recorded in the Civil Suit cannot have impact insofar as the proceedings under the Land Revenue Code are concerned. The learned Counsel for the petitioner contends that since the report was already submitted, the same ought to have been taken to its logical conclusion. Insofar as the said contentions are considered, as observed by the Tribunal, initiating a fresh proceeding under Section 113 at the behest of the petitioner, would ultimately result in there being two orders on record i.e. the earlier order pursuant to the earlier survey of resurvey and the present order that would be passed if the application of the petitioner is allowed. It is well settled position in law that even an order, which is illegal, continues to operate until the proceedings are taken to get it set aside. Insofar as the second contention is concerned, the issue in the suit was the alleged encroachment of about 335 square metres by the adjoining landholders. The revenue authorities were, therefore, bound to take cognizance of the result of the adjudication of the said suit. In my view, therefore, no fault can be found with the approach of the revenue authorities in that regard.
