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Ramana (Business)     12 May 2024

Regarding pil


1) We were doing survey of our agricultural lands (multiple survey numbers) in our village near Hosur,Tamil Nadu.
During this process for one of the survey number we found that our neighbor has occupied the land.
This exact piece of land was initially under my grand father's name and after proper release deed among my grand father's relatives land is registered under my name now.
2) The neighbor is claiming the piece of land and when we enquired about his grand father name it was different than my grand father's name, but the neighbors are claiming their grandfather was also called by exact name of my grand father. Surprisingly they don't have any proof for this.
3) When we asked for original documents regarding his grand father or land, they did not have any.
4) We got curious regarding this and we checked all other survey numbers which belonged to this neighbor, and surprisingly we found that some of lands actually belonged to my grandfather now they have changed patta to their name.
5) They have done fake registration in 1980's and then got the patta on their names and my grandfather died on 1978 and we could see those lands are registered on 1980’s so we are suspecting some fraud has happened without our notice from long back for lot of other survey numbers.

Can we file PIL to High court requesting court to enquire into this matter and then conduct inquiry and then declare title to proper owners?
 



Learning

 4 Replies

Dr. J C Vashista (Advocate )     12 May 2024

PIL is not maintainable for your personal grievance.

Move in appeal before area ADM / DM for cancellation of patta pertaining to the subject land which is stated to be in the name of your grandfather.  

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

You can file a suit for bare injunction, permanent injunction and for possession of your property through a local civil court.

Maloji rao ghodkar (civil side )     12 May 2024

You have to file declaratory suit seeking declaration that the impugned document created by registration is illegal and not binding upon you  and that no legal rights accrue out of the same to the party to encroach it and for consequential mandatory injunction for cancellation of the fake registered  document and for eviction and for possession of the land.  Bare injunction suit would not serve the  purposes given the facts of the matter. 

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

Declaratory suit ito declare the document as illegal is not maintainable because you are not a party to revenue records transaction.

It was done fraudulently by a third party who are not related to this property, hence it is not binding on the plaintiff.

In the suggested mandatory injunction suit the Tehsildar should be impleaded as a party for the relief of direction to him for setting aside the orders for transferring the revenue records to unrelated persons.

Besides permanent injunction to restrain the defendants from interfering in possession and for possession of the encroached property can be the relief sought.


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