Not attending to court

Guest (Querist) 29 December 2011 This query is : Resolved
Hi,

I applied for mutation of property from my father to me in revenue department (Bangalore dist.) in the year 2007. Due to objection from my relatives it got rejected and it became disputed case automatically (RRT case) and moved to NAD office without our knowledge (NAD office in karnataka means: In order to redress certain greiviances of the farmers and the public at the hobli level Nad Offices have been established at the hobli level delegating few powers of the tahsildars. Deputy Tahsildar is the incharge of the NAD office). I feel Deputy Tahsildar having quasi judicial powers. After 6 months again I moved fresh application to revenue department for khata mutation this time no one objected and property got mutated to my name.

Now problem is I got notice from NAD office (Deputy Tahsidar office) in March 2011 for earlier application where it got rejected due to objection in 2007. I approached Deputy Tahsidar and requested him saying I am withdrawing application since already it got mutated in my name but he is not willing to do so saying "why khata (mutation) happened when case is pending with me and same thing he entered in suit file and given next hearing date. defendent is not alive and no one from their side attending to suit. from past one and half year I am also not attending to hearings. After one and half year again I received notice.

Please help me what to do?. I don't want the case at all. I want it to be get dismissed. Defendent is not alive (no one is attending from their side also). If I am going to absent for future hearings what will happen?. Is any power to Deputy Tahsildar to reversing the khata (mutation) happened to my name. Thank you

Follow Query

Report Abuse

s.subramanian (Expert) 29 December 2011
You can file an application before the Deputy Tahsildhar setting out the fact that the mutation is already over and that your petition has become infructuous and that you are not pressing the same. You can also enclose a copy of the mutation order effected in your favour. You can send it by registered post with ack to him .

prabhakar singh (Expert) 29 December 2011
But the problem is that it was a first mutation application which is apparently still pending,then no fresh mutation was legally possible to be moved by you which you moved and that got allowed but now on your point out he has taken note of that on file and in my view his stand is correct,that is why I respectfully differ with solution provided by Mr.s.subramanian,because if despite doing all that Mr.s.subramanian suggests you,if the Deputy Tehsildar currently looking your case rejects your application for non prosecution and orders expunge the entries made in your favor the suggested action shall turn into a fatality against you.Hence when it is going uncontested and there is no opposite party then do not bring this fact on record that defendant is dead if no personal knowledge is attributable to you;and then you should get an exparte done in this case would be better decision to take.

Nadeem Qureshi (Expert) 29 December 2011
Mr. Subraimanian is rightly explained. First mutation application has been rejected(according to Third Line of query)

Devajyoti Barman (Expert) 29 December 2011
Yes I too agree with him.

Deepak Nair (Expert) 29 December 2011
But the first case was not decided by the Tahsildar and is still pending before the Tahsildar. Then how can we say that the mutation application was rejected?
The author himself has stated that the application became disputed and sent to Tahsildar for diciding.

prabhakar singh (Expert) 29 December 2011
I see Mr. Nadeem has not given any of his own time in reading the query.

Rajeev Kumar (Expert) 29 December 2011
Agree with experts

VENKATESH HEGDE (Expert) 31 December 2011
Mr. Subramaniyam rightly said . But you file an application before the Deputy Tahasildar along with all documents on next date of hearing by appearing before that day not by register post Akw. If both parties not appears for that hearing deputy tehasildar could not pass the order in favor or against you but it will dismiss for non prosecution.

Not attending to court - petitioner

Similar Resolved Queries :