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Manohar Manu (NA)     04 February 2017

Query about khatha transfer

Dear Legal Team,

Agricultural land was transfered through gift deed registration and J slip was sent to concerned revenue authority i.e Tahsildar, but Tahsildar is not doing khatha transfer saying there is a case pending on the said property, though there is no case on the property. Complaint is raised with his higher officers Deputy Commissioner and revenue secretary, but its of no use.

Now my question is can we move to high court seeking court direction to concerned tahsildar to do khatha transfer.

Regards,

Manohar.

 

 



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     05 February 2017

First get exact facts and such records available with them as certified copiesl.1.File RTI Application seeking following informaiton from State Public Information officer, Tehasildar.

Information solicited:

1.Please provide me specific reason for withholding and not making mutation in the following property though application was filed on.......

2)Please inform time frame fixed as per citizen charter for affecting mutation.

3)Please provide any correspondence made stating such objections if any noted by authorities to the citizen applicant.

2.File this as grievance in on line portal: "The Tehasildar of..............is subjecting citizen to harassment thrugh delay by not mutating the property..............................at...................and the application dt....was lodged without affecting mutation or raising any objections.  Hence this grievance for redressal for directions to Tehasildar to immediately record mutation.

 

3.Finally mutation is not a legal record.  It is ancilary and not the main document.  Once you have the original registration deed you need not worry.  If you have already remitted any amount with application then you are a consumer under CP Act, wait for responses from Tehasildar for the above two attempts and file complaint before District Consumer Forum seeking compensation of Rs.50,000/- and for directions to affect mutation.  This is a summary case and may not take more than 30 days to get a solution and there are no formalities and it may cost less than Rs.500/- in all, and mere receipt of notice from Forum to Tehasildar may get things solved.

Manohar Manu (NA)     09 February 2017

Dear Sir,

I got the information through RTI, in the reply concerned Tahsildar stated, that stay is pending on the said property. But status quo is there on the other property i.e sy no. 42/1 and mutation transfer needed for sy no. 42/2. I explained to them in writing that Sy no 42/2 has no case on it. But still he is not ready to transfer the mutation.

There is no fee fixed for mutation transfer.

Now pls tell me how to proceed with this matter.

Regards,

Manohar

G.L.N. Prasad (Retired employee.)     09 February 2017

File First Appeal immediately before First Appellate authority (whose particulars were provided to you by PIO in his response ) as follows:

 

First appeal dt....under RTI Act filed

Before First Appellate Autority,.................  against

Public Information officer, Tehasildar,............appeal filed by

Appellant:

Breif Facts: In response to RTI Application dt...from Appellant, PIO has vide referencce letter No....dt....provided incorrect and misleading information that mutation was not carried due to a status quo order from................Court.  Copy of self attested RTI Application and PIO response with copy of the said court order duly highlighted in Page No....Para No.....are enclosed..  As per the court order  status quo was on  property  sy no. 42/1 and mutation transfer needed for sy no. 42/2. I explained to them in writing that Sy no 42/2 has no case on it. But still he is not ready to transfer the mutation.   It is very clear that mutation alone does not bestow any rights of property, and is just a procedural formality which has to be completed as per per laid down norms. PIO has deliberately and with malafide intentions is inventing a Survey No..not mentioned in status quo order with ulterior motives and to harass citizens.  Hence this first Appeal.
 

Grounds for Appeal: PIO has deliberately and with malafide intentions invented a false, incorrect and misleading information to application that Court order was pending, though there was no such mention in the Court order (Copy of which is provided with this appeal)

PRAYER: Please direct PIO to provide correct and complete information and that part of Court order that stated stay order stating survey No....as mentioned in mutation application.

Appellant.

 

 


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