Whether revenue authority have civil court jurisdiction
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 14 September 2014
This query is : Resolved
Sir. In 2012 i hv purchased agricultural land through a registered sale deed n subsequently mutation was recorded to that effect in revenue record n 7/12 was recorded in my name. However. One of the co-owner from whom i hv purched the said property filed an Appeal before Sub Divisional officer At thane n challenged the said mutation entry on the ground of fraud n now i hv appeared before SDO Thane and i hv raised a contentions that that the mutation is recorded subject to sale Deed and therefore you hv no jurisdiction to determine the validity and legality of the said registered sale deed as the said right of adjudication vest to Civil Court. However he instructed me bring the valid justification in support of my contentions.so plz help me in getting valid justification
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 September 2014
1) Revenue Authority has jurisdiction to try n decide such matters
2) Appeal lie with OSD
Rajendra K Goyal
(Expert) 14 September 2014
Citation/ case law not provided in the section.
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 14 September 2014
Sir. I hv not asked for any citation n all. That Officer asked for valid justification so i hv asked for any other justification except i hv adduced
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 14 September 2014
N patil sir. Unless n until the registered sale deed is cancelled how can that mutation entry will be set aside. N how SDO hv the right to determine the validity n legality of registered instrument as it is matter of leading evidence n d same lies to Civil Court only na
Devajyoti Barman
(Expert) 14 September 2014
Provision of local law is involved here. take help of local lawyer.
ajay sethi
(Expert) 15 September 2014
your lawyer will do the needful . after all you are paying him legal fees
T. Kalaiselvan, Advocate
(Expert) 21 September 2014
As far as the revenue records transfer or cancellation, the competent authority will be the SDM, so you may have to oblige and comply with the orders passed by him, in case you are not satisfied you may proceed with civil court for proper remedy.
