Query regarding purchase of land categorised as "anadeenam"
Querist :
Anonymous
(Querist) 21 June 2018
This query is : Resolved
Dear Sir,
There is a piece of land categorised as "anadeenam" in the government records and the valuation is 0. But yet in 2011, the Land Measurement and Land Taxation Commissioner had issued an order directing to issue patta, for the said land based on the facts and figures that the occupants ancestors were doing farming in that land and their names appeared in the SLR records (but not in A register) and that they had paid taxes earlier. But the district revenue officer then refused to issue patta way back in 2011 asking the party to get High Court order for issuance of patta, which could not be followed upon later. Now we want to purchase this land. Can we use this Land Commissioners order of 2011 and request the present district revenue authority to issue patta for the land? Will they issue ? or what is the procedure for obtaining patta for this land? Kindly help us with this as it is very important for us.
adv.bharat @ PUNE
(Expert) 21 June 2018
No reply to anonymous person from this forum.
Ms.Usha Kapoor
(Expert) 22 June 2018
Based on the Land commissioner order 2011 you can file a writ in Highcourt,File a writ of Mandamus seeking directions to District Revenue Authority or collector to issue Patta in your name as per the land Taxation and Measurement Commissioner orders which display in SLRs the names of petitioners ancestors.
Guest
(Expert) 22 June 2018
Ms. Usha Kapoor,
Have you read the query carefully before giving advice to a third person to file a writ mandamus, when the querist is neither the owner of the land nor in occupation of the land?
How an intending buyer can issue a writ of mandamus on the basis of Commissioner's order, when he was not a party to the case and the owner/ occupier of the land himself has not shown any interest in getting the patta of the land for the last 7 years?
The fun is, you have stated to stick on your view immediately after posting your advice, without waiting for any other expert to contradict your advice. What makes your advice useful for the querist that you have stuck to your view?
Can you justify, how the querist would be justified to file a writ of mandamus, when he does not have even a remote relation with the land case?
Guest
(Expert) 22 June 2018
Ms. Usha Kapoor,
Have you read the query carefully before giving advice to a third person to file a writ mandamus, when the querist is neither the owner of the land nor in occupation of the land?
How an intending buyer can issue a writ of mandamus on the basis of Commissioner's order, when he was not a party to the case and the owner/ occupier of the land himself has not shown any interest in getting the patta of the land for the last 7 years?
The fun is, you have stated to stick on your view immediately after posting your advice, without waiting for any other expert to contradict your advice. What makes your advice useful for the querist that you have stuck to your view?
Can you justify, how the querist would be justified to file a writ of mandamus, when he does not have even a remote relation with the land case?
Guest
(Expert) 22 June 2018
Ms. Usha Kapoor,
Have you read the query carefully before giving advice to a third person to file a writ mandamus, when the querist is neither the owner of the land nor in occupation of the land?
How an intending buyer can issue a writ of mandamus on the basis of Commissioner's order, when he was not a party to the case and the owner/ occupier of the land himself has not shown any interest in getting the patta of the land for the last 7 years?
The fun is, you have stated to stick on your view immediately after posting your advice, without waiting for any other expert to contradict your advice. What makes your advice useful for the querist that you have stuck to your view?
Can you justify, how the querist would be justified to file a writ of mandamus, when he does not have even a remote relation with the land case?
Guest
(Expert) 22 June 2018
Ms. Usha Kapoor,
Have you read the query carefully before giving advice to a third person to file a writ mandamus, when the querist is neither the owner of the land nor in occupation of the land?
How an intending buyer can issue a writ of mandamus on the basis of Commissioner's order, when he was not a party to the case and the owner/ occupier of the land himself has not shown any interest in getting the patta of the land for the last 7 years?
The fun is, you have stated to stick on your view immediately after posting your advice, without waiting for any other expert to contradict your advice. What makes your advice useful for the querist that you have stuck to your view?
Can you justify, how the querist would be justified to file a writ of mandamus, when he does not have even a remote relation with the land case?
Guest
(Expert) 22 June 2018
Ms. Usha Kapoor,
Have you read the query carefully before giving advice to a third person to file a writ mandamus, when the querist is neither the owner of the land nor in occupation of the land?
How an intending buyer can issue a writ of mandamus on the basis of Commissioner's order, when he was not a party to the case and the owner/ occupier of the land himself has not shown any interest in getting the patta of the land for the last 7 years?
The fun is, you have stated to stick on your view immediately after posting your advice, without waiting for any other expert to contradict your advice. What makes your advice useful for the querist that you have stuck to your view?
Can you justify, how the querist would be justified to file a writ of mandamus, when he does not have even a remote relation with the land case?
Ms.Usha Kapoor
(Expert) 22 June 2018
His ancestor's names are found n villafge records and this is confirmed by land tax and measuremennt commissioner. So he can request a patta from Collector.Now others are in occupation f that land.Based on SLR records found by Land commissioner where his ancestors names seen and confirmed by the commissioner petitioner's get patta by applying to collecto0r.Land commissioner, District collector, State Revenue minister should be made parties to writ petition.
Querist :
Anonymous
(Querist) 22 June 2018
The seller of the property is willing to submit the petition to the District Revenue Officer / Collector as the case may be. He is ready to file an appeal in the Chennai High Court for patta issuance also. But we have two questions in this regard.
1. Will the High Court directly take the case to trial and close the issue and order for patta issuance immediately OR
2. Will it take a long time for the case to be taken up by High Court to issue judgement?
3. Does the DRO has powers to direct the Tahsildhar to issue patta based on the land commissioners orders itself , without going through High Court (wherein we dont know how long the case will prolong).
Guest
(Expert) 22 June 2018
If the seller of the property is willing to submit a petition to the District Revenue Officer, what is the hitch. File the case and wait for the order. Nothing can be anticipated, as you asked without going through the merits of the case by examination of the case related documents. Better contact some local lawyer to prepare the case and file.
Guest
(Expert) 22 June 2018
If the seller of the property is willing to submit a petition to the District Revenue Officer, what is the hitch. File the case and wait for the order. Nothing can be anticipated, as you asked without going through the merits of the case by examination of the case related documents. Better contact some local lawyer to prepare the case and file.
Kumar Doab
(Expert) 22 June 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also
Ms.Usha Kapoor
(Expert) 23 June 2018
I like myview and Mr. Dhingra Ji's view.
Kumar Doab
(Expert) 23 June 2018
Approach senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and well versed with latest citations, LOCAL applicable rules/laws/revenue codes… and having successful track record…. and worth his/her salt…..and show the case related docs etc etc
Check for such counsels at LOCAL civil courts, HC,SC....
Kumar Doab
(Expert) 23 June 2018
Approach senior LOCAL counsel of unshakable repute and integrity
is the view
in above posts...
Ms.Usha Kapoor
(Expert) 27 June 2018
I like my view and Dhingra Ji's view.
Ms.Usha Kapoor
(Expert) 03 July 2018
I like myview and Dhingra Ji's view.
Ms.Usha Kapoor
(Expert) 11 July 2018
I like myview and Dhingra Ji's view.
Ms.Usha Kapoor
(Expert) 12 July 2018
I like my view and Dhingra JI's view
