Prosecution / criminal proceedings against tahasildar
Mahadeva Rao G
(Querist) 02 January 2013
This query is : Resolved
Respectful Experts,
I am Rao- ADVOCATE seeking help from various subject experts in here wrt to aforesaid subject.
FACTS : In the year 1967 i.e., 46 years back, my client has purchased a property vide registered sale deed & subsequently the same has been mutated & entries in R.T.C.& such other revenue documents have been effected in the year 1967. Even the EC taken reflects the transaction. & my client was genuinely in peaceful possession and enjoyment of the said property an by paying requisite tax and until recently all the revenue records reflected the above transaction. Now after almost 46 years, taking some concocted documents of 1940 without making my client & adjacent land owners a necessary parties to the RRT case, he has passed an ORDER changing all revenue entries at his whim & fancies favouring the fraudulant applicant with whom he is become partner in the land. The aggrieved parties i.e, adjacent land owners have gone for appeal before Asst.Commissioner and has brought STAY ON THE TAHSILDAR ORDER. As on date there is Four STAY ORDERS has been granted by Asst. Commissioner to four different aggrieved parties pertaining to the same survey number.
Now having no jurisdiction over the subject matter while the matter is pending disposal before AC court in four seperate cases, the tahsildar has been desperately trying to conduct survey by directing jurisdiction police illegally to give protection to the survey officials and indisguise of police protection the tahsildar is trying to establish possession favouring his partners / applicants by dispossessing the original lawful owners in possession for 46 long years with valid documents.
I seek help from experts here on what is the course of action I should take against the Tahsildar by way of WRIT / PCR.. ETC for
1. For changing the revenue entries without due notice and making the adjacent parties a necessary parties to the RRT filed before him.
2. Without any jurisdiction since there is a STAY granted by AC court, he is directing the police to give protection, to conduct illegal survey to favour his partners / applicant even though it is a private property.
3. Usage of filthy language and threating the original owners to arrest them and file cases against the adjacent original lawful owners, who went to speak to him about the wrong order he has made.
4. Three times he was unsuccessful to conduct the survey due to public resisteace but still he has ordered ( written ) to police three times and not even giving notices to the adjacent land owners in all the three times he is trying to conduct illegal survey.
Since he is a official with powers he is misuing his office by threatning & behaving arbitrarily and being innocent law abiding citizens the land owners are fearing the adverse actions and harassment he has threatened the land owners and it is become day to day head ache for all the adjacent land owners and is on the verge of getting dispossessing from their lawful possesion. PLEASE GIVE YOUR VALUABLE SUGGESTIONS IN THIS MATTER URGENTLY. THANKS.
c n vittal rao
(Expert) 02 January 2013
aproach a local lawyer to get restraining order from a competent court against the tehshidar .approaoh the collecter of the district for redressal.seek help of panchayat and village elders
Mahadeva Rao G
(Querist) 02 January 2013
Thanks Mr. C.N. Vittal rao for your valuable reply at this short time. There is already 4 stay orders against the tahsildar's orders, taken through an appeal before Assistant commissioner, but still the tahsildar is acting arbitrarily, high handedness and misusing the powers of his office beyond control. Hence i am looking for strong remedy to restrain him and send him behind bars.
R.K Nanda
(Expert) 02 January 2013
contact local lawyer.
Mahadeva Rao G
(Querist) 05 January 2013
Dear experts, I am an advocate myself and finding it difficult to curb the illegal activities of the tahsildar... Hence i am looking for the remedy and help outside for a precise applicable law. The revenue officials whom i looked into for help are them selves not having much details pertaining to the aforesaid matter even though they are in the same department... I am working out an proposal to go before HIGH COURT with a WRIT....before that If there is any way to stop the tahsildar activity,, i am looking for the same. Looking forward for your valuable help .... Thanks.
Raj Kumar Makkad
(Expert) 05 January 2013
As the Tehsildar is not obeying even the verdict and stay orders of his superior officials then the only remedy is to file a writ of mandamus. Such corrupt officials fear only from Courts.
