Jagdish Prasad Bansal v. Shivkumar Dansena
Case brief
What is this about?
Judges (Protection) Act 1985 Section 3 bar on civil suit against Tehsildar; Nayab Tehsildar as Judge and Revenue Court (Sections 11, 31, 248 Chhattisgarh Land Revenue Code 1959); Order 7 Rule 11(d) CPC plaint rejection; compensation claim Rs. 33,95,000/- for demolition of superstructure on government land during encroachment removal; demolition despite interim stay / Board of Revenue order dated 20.05.2020 / Writ Appeal No.370/2023; mala fide allegation cannot defeat statutory immunity at pleading stage; FA No. 198 of 2024, High Court of Chhattisgarh at Bilaspur, DB (Sahu & Rajput JJ.); Rachapudi Subba Rao relied; N.V. Shamsunder, Zunjarrao Bhikaji Nagarkar, Balram relied; Deepali Jadhav distinguished.
What did the court decide?
The civil proceeding initiated against the respondent/defendant is barred under Section 3 of the Judges (Protection) Act, 1985; the trial Court therefore committed no illegality or infirmity in allowing the defendant's application under Order 7 Rule 11 CPC.