Easement case under mamlatdar court act
Adv.Vishal Anil Vyavahare
(Querist) 01 June 2013
This query is : Resolved
Hi Sir,
I wanted to know that Whether Tahsildar has power to order to remove the disturbances and re open the blocked way according to old easement after Spot Inspection, Regarding the agricultural Land which is adjacent land of that way and some portion also the part of the way ?
But only issue is that in application u/s. 5 Gat no. and name of owner of that agricultural field has not mentioned. Though Tahsildar has granted to romove and reopen the way from adjacent land.
And that land owner has field the Injunction Suit in CJJD Court against That Order of Tahsildar?
Please guide regarding above issue.
Thanks,
Vishal A. Vyavahare
Advocate.
J K Agrawal
(Expert) 02 June 2013
Land Revenue laws are different in each state so a local advocate can give a proper answer.
However, Generally The Tehsildar has powers under revenue code to remove encroachment over Rasta land or even on Khatedari Land. He is only to check that there was a Way used since long.
The question of easement is a civil question and civil court only has jurisdiction to decide such question but here the Tehsildar also can any law suitable to him to remove encroachment.
I think that there is no power within civil court to restrict a officer to use his legal powers and to set aside order of Tehsildar in a Civil is almost impossible.
To challenge the orders one should go to proper court like SDO or RAA of Collector Etc as per your local laws.
