Grampanchayt dishonoured bdo's order
Suhas Sambhal
(Querist) 01 April 2013
This query is : Resolved
A Land Holdin by A,B,C,D in a village outside of Gavthan in Maharashtra.with ancestral house properties. But by willfully 'A' as a Karta has transferred all house property on his name alone by submitting false documents of another nearby land which he owns also by making bogus 7/12.He showed the said properties are physically into this another land.
Including all another present properties B'has filed partition suit and also filed Lis pendans
After inquiry by block development Officer on B's application, all bogus registration of A's name on this ancestral house properties has revealed out followed with the order to Gramsevek to get its correction.
But Gramsevek and sarpanch in Monthly meeting disobeyed the order of BDO and took decision in favor of A SHOWING THAT THE MATTER IS BECOME NOW LITIGATION DUE TO FILING OF LIS PENDANS. SO IT IS NOT FEASIBLE TO TO MAKE CHANGES PRIOR OF COURTS ORDER.
if there is no any court stay order and decision of correction in registration entry assessment -8 is fully under authority of Revenue and gram panchayat.The partition suit is also in the phase. THEN
WHY GRAMPANCHAYAT DOING THIS TO SAVE HIS CORRUPTION. WHAT IS THE SOLUTION.Please guide for the neccessary steps
Sudhir Kumar, Advocate
(Expert) 02 April 2013
Please meet local lawyer. If the order of the BDO was perfectly lawful then criminal case can be filed. If there was slightest defect in the order then it was not enforceable.
Guest
(Expert) 02 April 2013
When you have stated that partition suit and Lis pendens were filed, you have neither stated what is the present status of the cases nor made any mention whether the BDO issued orders prior to filing suit & Lis pendens or after filing of the cases? Please clear the position first.
Suhas Sambhal
(Querist) 03 April 2013
Thanks for Relpy to all of you Sir,
I would mention here about in counter that the partition suit is in very initial phase and even all the parties has not been received the notices yet. Lis pendancs has been registered with sub registrar office under maharashtra property transaction act u/sec 52.
The BDO order is clear and perfect that illegal registration of name to be get corrected in seven days and revert immediately.
suit was filed in may 11
lis pendans registered in feb 12 to avoid further sale deed, mortgage .
Inquiry was held in Jan 13 after application in Lokshahi din at district collector
Order has given in march 13
I would like to know wether registration of lis pendans make barriers to change,remove,add names in assesment -8.
can court stop and avoid to make any legal changes in illegal registrations.but there was no any stay order or something like that.
There shouldbe any law that court can not interfere in revenue registration procedure unless any order/stay.
I think gramseveak is running from his duty and resposibility or hiding there corruption backing with panchayat members
Please suggest your valuable suggetions
Suhas Sambhal
(Querist) 15 August 2014
THANKS TO ALL FOR YOU KIND RESPONSE . THE PROBLEM IS NOW RESOLVED WITH DECISION TAKEN UP IN GRAMPANCHAYAT AS PER THE ORDERS OF BDO. EVEN AFTER LIS PENSE OR PARTITION SUIT BECAUSE
PARTITION SUIT OR LIS PENDANS DOESNT MEANT FOR AND BEEN OBSTACLE TO CORRECT ILLEGAL ENTRY UNLESSCOURTS STAY ORDER IN THIS REGARD.
LEGAL HEIRS NAME AS OWNER TO THE HOUSE PROPERTIES HAS BEEN TAKEN UP AGAIN IN SECOND ENQUIRY HELD IN GRAMPANCHAYAT UNDER ZILHA PARISHAD,CO's ORDER.
please to be noted that this correction of entreis in 1992 record has been carried out even after 22 years.
it is possible in law.
Raj Kumar Makkad
(Expert) 16 August 2014
Correction can be entertained at any stage irrespective of the period. You need to stress only on the merit of the case rather upon such minor technicalities.
