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Nishant Bhati   02 December 2017

Illegal action by the Tehsildar..

A tenure land is disputed between the said owner and the village headman. The trial is going in the above matter in the Civil court.
One day the said owner of the land try to start the boundaries wall of the disputed land. The village headman stop that..
On another day Tehsildar comes and gives the possession of disputed land to the said owner village headman try to stop the Tehsildar and said that above dispute is ongoing in the Civil court The Tehsildar said that he is the government and he is the court. And anyone stop him then he will call the police..
What should I do.?
is Tehsildar have a power to decide the above matter.?


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 15 Replies

Vijay Raj Mahajan (Advocate)     02 December 2017

The civil suit is going on in the court and any interference by anyone with the disputed property amounts to contempt of court, even though the issue will be of no stay with regard to this may be on record but it's understood that interference in the disputed property will amount to prejudice the court which is also contempt of court.

N.K.Assumi (Advocate)     02 December 2017

In my experince, Tehsildar are conferred with the power of Executive magistrate etc, and their function is more in the nature of revenue functions and does not posses the power of Civil Court.It is startling to know that tahsildar is acting like Idi Amin, transfering title of the  land knowing fully well that the land is presently under pendente lite.The village headman should pray to the Civil Court to issue injunction order to the disputed land..

Kumar Doab (FIN)     02 December 2017

The Tehsildar might also be Executive Magistrate.

Avoid hostile confrontation. 

Kumar Doab (FIN)     02 December 2017

 

Record everything and keep unshakable witnesses.

Submit all instances and evidences to Presiding Officer in Court and also to the officer above Tehsildar e.g; DC.

 

Although village headman also has strong political affiliations there might be varying reasons for the altercations posted by you.

 

If the matter is in court then you must be having your own lawyer.

Kumar Doab (FIN)     02 December 2017

Consult your own lawyer that knows the matter and facts, fully.

 

Or there can be many reasons..

https://indiatoday.intoday.in/story/thane-tehsildar-aide-caught-accepting-rs-10-lakh-bribe/1/1070807.html


(Guest)

Really amazing to note that legal persons do illegal actions also.

 


(Guest)

Really amazing to note that legal persons do illegal actions also.

 


(Guest)

Really amazing to note that legal persons do illegal actions also.

 


(Guest)
Originally posted by : Nishant Bhati
A tenure land is disputed between the said owner and the village headman. The trial is going in the above matter in the Civil court.One day the said owner of the land try to start the boundaries wall of the disputed land. The village headman stop that.. On another day Tehsildar comes and gives the possession of disputed land to the said owner village headman try to stop the Tehsildar and said that above dispute is ongoing in the Civil court The Tehsildar said that he is the government and he is the court. And anyone stop him then he will call the police.. What should I do.? is Tehsildar have a power to decide the above matter.?

 

@ Mr. Nishant Bhati,

Your question "What should I do" is quite irrelevant, as you have nothing to do when the dispute is between the owner of land and the vollage headman, not you.

Let them decide between themselves or get decided by the revenue court. You need not interfere in the private affairs of the owner and the village headman.

 


(Guest)
Originally posted by : Vijay Raj Mahajan
The civil suit is going on in the court and any interference by anyone with the disputed property amounts to contempt of court, even though the issue will be of no stay with regard to this may be on record but it's understood that interference in the disputed property will amount to prejudice the court which is also contempt of court.

 

@ Advocate, Shri Vijay raj Mahajan,

You may please like to make a review of his advice, if really correct. I feel certain amount of doubt is there, which I do not want to mention openly.

 

 


(Guest)
Originally posted by : Kumar Doab
The Tehsildar might also be Executive Magistrate.

Avoid hostile confrontation. 

 

The reply of Mr. Kumar Doab denotes that he is unsure about the status of a Tehsildar.

 


(Guest)
Originally posted by : Kumar Doab
 

Record everything and keep unshakable witnesses.

Submit all instances and evidences to Presiding Officer in Court and also to the officer above Tehsildar e.g; DC.

 

Although village headman also has strong political affiliations there might be varying reasons for the altercations posted by you.

 

If the matter is in court then you must be having your own lawyer.

 

Mr. Kumar Doab should have stated, what purpose could be served of the author of the problem by the recording or unshakable witnesses and why he would be permitted to submit to the presiding officer, when the author of the problem does not seem to be related to the problem, as he simply talked about dispute "between the SAID owner and the village headman," not with him?

 


(Guest)
Originally posted by : Kumar Doab
Consult your own lawyer that knows the matter and facts, fully.

 

Or there can be many reasons..

https://indiatoday.intoday.in/story/thane-tehsildar-aide-caught-accepting-rs-10-lakh-bribe/1/1070807.html

 

The advice very clearly reveals as if Mr. Kumar Doab is not an expert, in himself and also not sure about his advice made in three of his posts.

 


(Guest)
Originally posted by : N.K.Assumi
In my experince, Tehsildar are conferred with the power of Executive magistrate etc, and their function is more in the nature of revenue functions and does not posses the power of Civil Court.It is startling to know that tahsildar is acting like Idi Amin, transfering title of the  land knowing fully well that the land is presently under pendente lite.The village headman should pray to the Civil Court to issue injunction order to the disputed land..

 

Rightly observed by Mr. N.K. Assumi.

 


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