Is mutation necessary
Querist :
Anonymous
(Querist) 09 November 2009
This query is : Resolved
Respected sir, Is mutation of land falls under notified area(municipal area) necessary after purchase? In urban area land is meant for residential purposes not for agriculture. Is paying revenue and getting revenue receipt necessary after mutation, when one is already paying municipal taxes of their holding? Does these have any legal value in Title and possession? In Jharkhand everyone pays revenue to the revenue department also for urban residential land. When there is no standing crop in the land why should anyone pays revenue of it? This provision is making employees of revenue department richer and more corrupt. What they generally do is when anyone applies for mutation they agrees someone to file objection, then they negotiate appropriately by asking huge demand.Can urban land be freed from clutches of revenue department by filing writ petition/PIL? Please advice. Thanks a lot.
adv. rajeev ( rajoo )
(Expert) 10 November 2009
Mutation is necessary because it shows the acquisition of tittle over the property, it helps while purchasing the property.
It is wonder how come someone will file objections to the applied mutation.
When such things happens the person who applies for the mutation will hv to contest it.
just you do one thing file a complaint before the lokayukta.
u can try by filing a writ petition, challenging the validity.
Suhail suhail
(Expert) 11 November 2009
Well it is the legislation that can amend,or repeal any law in force,you have grievance against the revenue officials who make money unlawfully;The mutations are fiscal in nature and if the policy of the state is such that weather the land is situated in Municipal limits,or Comes under Notified Area,or falls in the rural areas revenue is to be paid,then it is legislatures who can amend or repeal any law in force(Local Laws),and i think you cannot seek the command by way of writ to get payment of Land Revenue in the urban areas amended,however you can file a PIL(Public Interest Litigation) before the High Court upon the justified grounds,and it if the subject matter is justified and will protect the interests of general public Hon'ble High Court can make suggestions to get the law amended or reformed.Since you have mentioned that while mutating the land the revenue officials abuse the process of law,by compelling the parties to negotiate.It is time and again requested by me to the persons seeking assistance from the Lawyers here,that the details be provided which carry the outline of the case so that the advices from the Lawyers could be made accordingly, as the state laws differ and any rule of law in a state cannot be same.
