250. Reinstatement of bhumiswami improperly dispossessed.
(1)For the purpose of this section and Section 250-A bhumiswami shall include occupancy tenant and Government lessee.(1-a) If a bhumiswami is dispossessed of the land otherwise than in due course of law or if any person unauthorisedly continues in possession of any land of the bhoonmiswami to the use of which such person has ceased to be entitled under any provision of this Code, the bhumiswami or his successor-in-interest may apply to the Tahsildar for restoration of the possession,-(a)in case of bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6)of Section 165-(i)before the 1st July, 1978 in cases of unauthorised dispossession prior to the 1st July, 1976; and(ii)in any other cases within five years from the date of dispossession or from the date on which the possession of such person becomes unauthorised, as the case may be;(b)in case of a bhumiswami not covered by clause (a), within two years from the date of dispossession or from the date on which possession of such person becomes unauthorised, as the case may be.(1-b) The Tahsildar shall on coming to know that a bhumiswami has been dispossessed of his land otherwise than in due course of law, suo motu start proceedings under this section.(2)The Tahsildar shall, after making an enquiry into the respective claims of the parties, decide the application and when he orders the restoration of the possession to the bhumiswami, put him in possession of the land.(2-a) The proceedings started under this section shall after receipt of reply from the other party, continue from day to day unless for reasons to be recorded in writing a longer adjournment is considered necessary and in that case a copy of the order sheet containing the reasons for such adjournment shall be sent to the Collector.(3)The Tahsildar may at any stage of the enquiry pass an interim order for handing over the possession of the land to the bhumiswami, occupancy tenant or Government lessee, as the case may be, if he finds that he was dispossessed by the opposite party within six months prior to the submission of the application or commencement of suo motu proceedings under this section. In such case the opposite party shall, if necessary, be ejected under orders of the Tahsildar.(4)When an interim order has been passed under sub-section (3) the opposite party may be required by the Tahsildar to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of land until the final order is passed by the Tahsildar.(5)If the person executing a bond is found to have entered into or taken possession of the land in contravention of the bond, the Tahsildar may forfeit the bond in whole or in part and may recover such amount as an arrear of land revenue.(6)If the order passed under sub-section (2) is in favour of the applicant the Tahsildar shall also award compensation to be paid to the applicant by the opposite party which shall be at the prorata rate of [one thousand rupees] [Substituted 'two hundred and fifty rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] per hectare per year.(7)The compensation awarded under this section shall be recoverable as an arrear of land revenue.(8)When an order has been passed under sub-section (2) for the restoration of the possession to the bhumiswami the Tahsildar may require the opposite party to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of the land in contravention of the order.(9)Where an order has been passed under sub-section (2) for the restoration of the possession of the bhumiswami, the opposite party shall also be liable to fine which may extend to [ten thousand rupees] [Substituted 'five thousand rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] :Provided that it shall not be competent to the Tahsildar to impose a fine of amount exceeding [five thousand rupees] [Substituted 'one thousand five hundred rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] but if in any case he considers that circumstances of the case warrant imposition of a higher fine, he may refer the case to the Sub-Divisional Officer who shall, after giving the party concerned an opportunity of being heard, pass such orders in respect of fine as he may deem fit.
