Amendment status not verified — confirm the current text below against the official source.
Mamlatdar’s decision how executed.— (1) Where the Mamlatdar‟s decision is for removal of an impediment or unauthorisedly dumped refuse or an encroachment or for awarding possession or restoring a use, he shall give effect thereto forthwith by issuing such orders to the village-officers, or to any subordinate under his control or otherwise, as he thinks fit or in such other manner as may be prescribed and may use or cause to be used such force as may be reasonably necessary for that purpose. The cost of removing such impediment, refuse or encroachment by the Mamlatdar shall be recoverable from the defendant as arrears of land revenue: Provided that notwithstanding anything contained in this Act, where at the time when a decision is recorded by the Mamlatdar for award of possession of any land, there is a crop on such land which has been sown by or at the expense of the defendant, and the Mamlatdar is satisfied that it has been so sown in good faith, the Mamlatdar may, and if the defendant makes an application for the purpose and furnishes sufficient security, or deposits in Court a sufficient sum for the payment of the costs of the suit, shall pass an order staying delivery of possession of such land to the plaintiff seeking possession thereof, either— (a) until the plaintiff agrees to take the crop at a valuation to be made under the orders of the Mamlatdar according to the value of the crop at such time, including any instalments of the Government assessment which the defendant may have paid for the current year; or (b) where the plaintiff is unwilling to take the crop at such valuation until after the expiration of sufficient time for the crop to be gathered by the defendant. The amount of any valuation made under clause (a) of the proviso to this sub-section shall be paid to the defendant through the Mamlatdar, and shall be recoverable from the plaintiff as an arrear of land revenue. (2) Where the Mamlatdar‟s decision is for granting an injunction, he shall cause the same to be prepared in the prescribed form and shall deliver or tender the same then and there to the defendant, if present or if the defendant is not present, shall send it to the village-officers, or to any subordinate under his control to be served upon the defendant. (3) Where the Mamlatdar awards costs, such costs, together with the costs of execution shall be recoverable from the party ordered to pay them as an arrear of land revenue. (4) Any person disobeying an injunction granted under sub-section (2) shall be punishable under section 188 of the Indian Penal Code.