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Querist : Anonymous (Querist) 13 November 2010 This query is : Resolved
Hon Experts,
In a demarcation case at revenue dept. went against me. The Revenue officer with the connivance of his staff and applicant has done fraud and forgery with the case record. I have filed appeal within time. Now after passing 6 months I want to file writ at HC, challenging the report/order against me. Also I wish to pray fongr penal or strict legal action against the erring officials.
Will the HC entertain my Writ?
Will HC ask that when appeal is pending, why u approached HC?
Plz. Suggest any other thing which will be beneficial to me.
Thanks and regards to all.

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adv. rajeev ( rajoo ) (Expert) 13 November 2010
When there is a remedy available in the Lower Court, it need not to approach the high court. Wait for the order of the Lower Court.

Querist : Anonymous (Querist) 13 November 2010
Actually the appellate court is equally corrupt and time taking, and some experts have advised to go for writ becoz it has criminal part also and at the same time both get addressed. Adv. at high court has taken money to file writ, and will be filed within a week. So, what best I can do? at least can I get a stay in it's operation at least.
Thanks and regards.

Devajyoti Barman (Expert) 13 November 2010
You can not avail both the legal remedy with one go. You have to wait till the appellate authority passes any order. Moreover in the Writ you can only challenge the order passed by the appellate body but you could not ask for penal action against the erring officials. For that different set of legal recourse is there.

Querist : Anonymous (Querist) 13 November 2010
Appellate authority is equally corrupt and asked bribe when we prayed for stay on the operation of the illegal order of Revenue officer, who has crossed his jurisdiction in his proceeding and order.

Also for penal action against the erring officials. what legal recourse is there and where shall I approach.

Uma parameswaran (Expert) 13 November 2010
Seek the remedy in the Appeal.

s.subramanian (Expert) 13 November 2010
yes.

aman kumar (Expert) 19 November 2010
remedy in the Appeal.

Khaleel Ahmed Mohammed (Expert) 20 November 2010
In the query you have stated that,the Revenue officer with the connivance of his staff and applicant has done fraud and forgery with the case record.
It is a criminal offence. You are advised to file a criminal complaint against the Revenue Inspector immediately.

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