VS 25 October 2015

Quash or interim stay orders u/s 482

Dear Lawyers,

Based on my cpmplaint FIR was filed in 2007 . There are Seven people accused each of them have defined roles played colluded hatched the plan to dupe me. MRO (Suspended later) & VRO are part of the accused 7. MRO and VRO issued me Pattadar passbooks & ROR without verifying the records. To keep me in the dark the main accused colluded with MRO and VRO and produced the Passbooks and ROR and delivered to me. When i applied to enter my name mutate the whole conspiracy came to light. The person who sold the land to me also not mutated his name neither in Pahani nor in 1B register. Same as my case . New MRO issued me a letter confirming that my name cannot be entered into Pahani as my Vendor name is not in revenue records.

After filing case in the year 2012 While trial progressing i learned in the MRO office some documents surfaced in the name of my Vendee his name there is PT and 38E . I got certified copy as well.

Now the question is ....

Who is at fault

1.I lost 8 years fighting this case ...

2. The person sold me not mutated his name in pahani and 1B register since 1997.

3. There were some cases related to the same sy no pending in the Highcourt also involved accused in my case also These cases filed prior to selling the land to me. The accused hatched plan and sold the land secretely to me.

4. The land extent already in the survey no exceeding by total 7.74 Acres .

5. I was not allowed to enter the place the Vendor showed to me . The land fenced by me is removed and i was warned.

6. NOW TWO ACCUSED MRO n VRO GOT STAY ORDER FROM HIGH COURT .

7. IS IT JUSTIFIED TO ISSUE STAY WHEN A GROUP OF PEOPLE INVOLVED IN THE CASE?????

8. NEW MOR ALSO ISSUED LETTER STATING THAT MY VENDOR NAME IS NOT IN REVENUE RECORDS BUT HIS NAME IS IN P.T.

9. THERE IS NO PHYSICAL LAND ( I AM AFRAID THE ACCUSED MAY MANAGE TO SURRENDER THE DOCUMENTS OF OTHERS IN THE RECORDS ) AND DELIVER THE LAND TO ME .....AFTER 8 YEARS ........OF LOSS.

PLEASE HELP WTH SUGGESTIONS

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 31 October 2015

This is a police case prosecuted by state through assistant public prosecutor. Whatever information you rely upon shall be briefed to the APP provided he lends his ear to you or you may during the chief examination bring all those facts to limelight. Though you have given a complaint with the police around 8 years back, the case was taken into file only three years ago.

You should have filed a civil suit simultaneously for mandatory injunction and declaration of title by impleading the government revenue department officials as defendants seeking relief of mutation of revenue records against them.

VS 01 November 2015

Dear Sir,

I filed CIVIL and Criminal case. CIVIL suit against the accused, not on govt for injunction.

My lawyer says in my case prejudgement attachment properties of accused is not possible because the judgement is pending?

Is it true..???..

Govt officials already declared that there is no land the official who issued the Docs already suspended. But because of their department failures the accused could to cheat me.

I also filed a petition in Lokayuktha last week, to take action on Gov officials whoever involved.

Can i make Govt party for my damages??. Even after 7 years they manage to show land, to cover up their errors.

One of the official says there may be verlook while issuing the RORs (three times.)

1. 38E issued in 1975.

2. ROR /Pattedar passbook/Title deeds issued in 1997 to my vendor

3. RRO / Pattedar passbook/Title deeds issued in 2007 to me.

Each time they are supposed to verify the revenue records without fail. ROR meaning itself rec of rights. In the record file also the MRO mentioned that he issued my ROR after verifying the records.

Few facts

I filed complaint in 2012 after five years of purchase (not in 2007).

The Govt record keeping system is full of flaws.

1. The Vendor gave me only ROR and pattedar passbooks/ Title deed copies. (38E not given)

2. MRO office confirmed that they are issued by them (Not forged).

3. MRO office claimed initially that the file number mentioned on the ROR and Passbooks D/369 is missing from record office. To my utter surprise only recently (after 7 years) it is found easily. But they dont have the 38E Copy where the file number related to RDO office ( B/413) is mentioned.

4. RDO office cannot find 38E copy unless we provide them the file number (B/413) of RDO office.

I was in full circles running behind these offices.

In addition ROR and Pattedar pass book/Title deeds issued on my name is the main reason that kept me in dark. I was under the impression that all I have to do is to get the boundaries demarcated by Govt Surveyor once the name enters into Pahanis.

The MROs and VROs transferred five times also delayed follow up process. I applied through RTI in 2009. I also applied through E seva. No replies from MRO office. Finally in 2009 Oct i managed to get Rejection letter from MRO oofice that the Vendors name is not in records & land extend exceeding.

Once i got letter i apporached police.

Police was refraining saying it is CIVIL matter. I didnt approach court immediately.

I could not spare full time to pursue the matter.

Finally i managed to file criminal case in 2012.