Summon by tehsildar
satish
(Querist) 17 November 2011
This query is : Resolved
I want to setup a industry on my own land with all clear title. I asked NOC for this from DM. But in between the process, a stranger appeal to DM saying that my land paper are fake. DM asked report from Tehsildar.
Now tehsildar taking favor to that person and give a one month notice to that fake person. (Although he mentioned wrong address). Anyone suggest, how to decrease the summon duration?
satish
(Querist) 17 November 2011
Is it possible, if I arrange the document from revenue department that there is no person with the name (complain), than tehsildar able to reduce duration or not ?
Kirti Kar Tripathi
(Expert) 17 November 2011
In case any complaint is received, the same is required to be decided. The DM has endorsed the said complaint to tehsildar, thus he is bound to decide the same so you appear before the Tehsildar and place correct position and request him to decide the complaint as early as possibly. In case, he does not take any action, seek mandamus from High Court in this regard.
Rajeev Kumar
(Expert) 17 November 2011
I agree with Tripathi
prabhakar singh
(Expert) 17 November 2011
Mr. Kirti Kar Tripathi has already sufficiently elaborately guided you with which i agree.
So far your agitation about one month period notice is concerned that is not such a lengthy period that you can have any great say any where.
prabhakar singh
(Expert) 17 November 2011
As regards to fake personality of the objector which if you succeed in proving before Tehsildar ,in my opinion,he must reject the objection filed against you even without any notice.
when the objector is a non existing personality to whom shall and for what any notice shall be issued????
The objection must out right be rejected on revelation of that kind of a thing that some one has mischievously
done it just to harass you out of some enmity.
satish
(Querist) 17 November 2011
Tehsildar give 30 days summons to the perosn. The person have no any interference with my property, still how can he file against me? THEY know that my work can't stop, they just can delay (they r doing same).
Now tehsildar issued 30 days notice..........if person not present than agian notice........wt hail this? wt should I do to avoid all these notices
prabhakar singh
(Expert) 17 November 2011
Be sure to tell he[your objector] is a fake personality or not?
satish
(Querist) 17 November 2011
yes, i sure, i search all, and have taken in written from sarpanch.
Sir, plz let me know that, if I present document (objector is fake), than under which article/rule tehsildar can take decision before the hearing date
prabhakar singh
(Expert) 17 November 2011
It is not a question of any article or rule or section.It is basic question that objection if any can be filed only by an existing person and not by a person who in fact does not exist.
Hence when you prove that no personality of the name objection states is there then no notice is required to be sent and objection should be out right rejected.
You should move an application supported by an affidavit togather with evidence you have collected and pray him to reject the objection out right without notice,in case he does not listen ask him to reject your this application and file a writ in the High Court to curtail the time of litigation and seek stay of these proceedings.
satish
(Querist) 17 November 2011
Sir, Is there no any rule to file objection? The person file objection without any proof, evidence. DM accept the objection and proceed. How to check all these?
If I prove my document, can DM initiate FIR against that FAKE PERSON, as he wastage my/govt. time?
prabhakar singh
(Expert) 17 November 2011
Unless it is determined that who is the real personality who has acted in name of a fake personality how it would be possible for any body you ,me or ,DM,to file any FIR or to even conduct any inquiry otherwise also.
Your concerned however is agreeable that before entertainment of any objection,it should be made sure that it has been filed by a genuine person.
And a very easy wayout may be that every one filing the application or objection before these authorities must submit a copy of his ID AND SHOULD ALSO AFFIX ITS PHOTOGRAPH ELSE REGISTRY SHOULD NOT ACCEPT THE APPLICATION ,BUT THEN IT IS DM'S BUSINESS.
prabhakar singh
(Expert) 17 November 2011
If you know for sure and can also prove for definite then name out the black ship but to forewarn you such people do it well planed and it may be risky to blame.
Raj Kumar Makkad
(Expert) 18 November 2011
Mr. Querist! None is going to take care of your evidence until a report on summon is received under hand of process server that there is no such person in the locality.
Raj Kumar Makkad
(Expert) 18 November 2011
You are advised to contact process server having duty to serve desired notice and ensure he makes true report with statements of Sarpanch and Nambardar on that notice. Once this report comes on file, Tehsildar shall be in a position to dismiss the complaint and sent the report to DM accordingly.
Raj Kumar Makkad
(Expert) 18 November 2011
One month period is not a big issue and it is procedural matter. Do not waste your energy on pre-ponment of hearing rather do as advised. You can also pray before Tehsildar to issue notice to objector even through registered post on your expenses and let report of postal department may come as suggested. If both reports confirm your version, your entire matter stand covered as desired.
