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Mp Krishnaiah   01 July 2021

suit or case againist Tahasildar

dear experts
can't we file a case aganist the Tahasildar to mutate the land on the basis of registered sale deed by way of mandatory injunction despite many representations?
if so give a suitable advices on the issue of any rulings if it is convenient for you experts.
hope to hear from you soon.


Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     01 July 2021

Hello,

You have to approach SDO or collector and file an appeal. You cannot approach civil court against the Tahsildar and compel him.  

Krishnaiah Krishnsiah   01 July 2021

Sireesgh pawar sir

I think since 2021 only civil court is competent authority to deal the land matters.

Thanq for your redponse

Shubham Bhardwaj (Advocate)     01 July 2021

Dear Sir, 

What I could understand is that you have a registered sale deed and want mutation to be done on its basis in the revenue record. Lets leave the legal aspect aside for a minute. For such a small purpose you don't need to file a suit which will consume around 2-3 years at trial stage alone. 

Simply give an application to patwari (or by whatever name local revenue officer is called in your area) of your area to grant a date for mutation. You ll be given a date. However, if the same is not done approach the Additional Collector/Collector of your area with the complaint and a request to direct the patwari to effect mutation on the basis of registered sale deed. 

Now coming back to legal aspect. The mutation means to change the record of rights (Jamabandi). This is a function of the State revenue department. You can also say it is an executive function. Courts do not have the jurisdiction to interfere with the executive functions except for the High Court under Article 226 of the Constitution of India through Writ Petition. 

I completely agree with learned advocate brother Mr Pawar. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

 

Disclaimer:- Opinion is only for guidance. 

Krishnaiah Krishnsiah   02 July 2021

Thanq very much mr.subham bhardvaj ji for your detail  clarification but unfortunately since 2 years trying with the Tahasildar who is also joint sub registrar to register the landed agriculteral property. 

Once again thanq dear experts. 


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