Request for filing case
shaik khaja moinuddin
(Querist) 06 March 2015
This query is : Resolved
I am Dr.Moinuddin S/o Shaik Rahamatulla from Bellampalli Adilabad-Dist. I would like to have some information regarding the following matter and appropriate remedy through you sir.
That my father purchased land in sy.no5/33peddanapalli village of Kasipet Mandal Adilabad-Dist to an extent of ac3.20 cents and got the land registered in favor of my father.subsequently he submitted the registered documents before revenue authorities at Mandal office and got his name mutated in the revenue records. After some time, the vendor of the land & his neighbor submitted a petition before the MRO stating that there is a discrepancy with Survey. No. of both the lands which were assigned to them in the year 1955. After considering the petition the then MRO conducted inquiry and field inspection and issued rectification deed. The rectification deed admits that the discrepancy of the sy.nos was a mistake created by former patwari in the year 1955-61 it was created due to the similarity in the initials of the assignees named T. Ramulu. . (Sy.No 5/33 belongs to Talla Ramulu & Sy.No 5/19 belongs to Togaru Ramulu in short both were written as T. Ramulu). Later after the issue of proceedings by the then Tahsildar the Sy.No s were rectified and ever since then, my father got 5/19 as his land Sy.no in the Mandal revenue records. Whereas the sub-registrar office at Mancherial was not informed regarding this rectification & as a result even today the Survey. No in the registered sale deed continues to be 5/33 in the records of SRO Mancherial.
As per the present situation, I would like to get the Survey. No from 5/33 to 5/19 regularized in the SRO Mancherial as per the revenue records, therefore my humble request to you is that can i file a WP before honourable high court by making Tahsildar Kasipet & SRO Mancherial as party to the WP and seeking direction to the SRO Mancherial to honour the proceeding issued by the Tahsil office Kasipet. I am requesting for such prayer since the irregularity was committed in the Revenue Department by the former patwari. Neither my father nor the vendor of the land committed the mistake. So I don’t want to make any other person as the party to this suit apart from both the Tahsildar Kasipet and SRO Mancherial. If you can suggest me for getting such direction from the Honourbale High Court, please let me know through mail. If I need to file the case in lower court i.e. civil court to get the title& rectification of survey number in registered document , I need to make the either vendor or his legal heirs as party to the suit for rectification ; due to the hike in the price of the land since the time of purchase some 25 years back, the vendors legal heirs are not coming forward to do that. So kindly guide me if I can take direction from high court by making Tahsildar & Sub Registrar Mancherial (SRO )
Eagerly waiting for your reply.
Thanking you Sir,
With regards
Jayaraj Poojari
(Expert) 07 March 2015
Since the issue is that you would like to get the Survey. No from 5/33 to 5/19 regularized in the SRO Mancherial as per the revenue records, you may just get the 'issued rectification deed' registered before the jurisdictional SRO. If the SRO rejects, you may appeal before the 'District Registrar'. If this does not work, you may prefer an appeal before the Inspector General of Registrations of your State. Still if the matter remains unresolved, you may approach the High Court for appropriate remedy. Your WP before the High Court will not be entertained unless you have exhausted the available remedies.
shaik khaja moinuddin
(Querist) 07 March 2015
Dear Sir, Greetings of the Day!
As per my earlier query, gist is that
The Revenue Department committed wrong entries (mistake) while entering the record in record books. Later, it was rectified after a long time.
In the mean while, we purchased such land as per the wrong entry (sy.nos) which are recorded in the revenue department and subsequently the wrong record is carried forward in the registration department.
After this, the revenue department noticed their mistake and rectified the same in their record and the registration department was not informed regarding this rectification /update from revenue department, so the present problem is to rectify the survey number in the registration department. Since the mistakes are committed by the two government departments;
Now my humble query is
Can we file a petition before the high court seeking direction to rectify the same as per the revenue department record?
If so, please confirm me the same through your valuable suggestion sir
Eagerly looking forward for your valuable feedback
Regards,
- Moinuddin
Rajendra K Goyal
(Expert) 07 March 2015
Consult a local lawyer and show him all the documents.
H.M.Patnaik
(Expert) 07 March 2015
Dear Querist,
This is a simple case requiring rectification of Revenue records and you have to exhaust the step wise legal process
in the jurisdictional Revenue forums. If presented properly, the matter can be appreciated at lower courts and a favourable order can be obtained . Pl. contact an experienced Civil lawyer of your locality for the purpose.
T. Kalaiselvan, Advocate
(Expert) 10 March 2015
Well advised by experts, especially the steps suggested by expert Mr. Poojari seems to be more perfect, you may take the help of a local lawyer and get the things done accordingly.
