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LAND MATTERS

(Querist) 07 January 2010 This query is : Resolved 
A land was allotted by the district rehabilitation officer to one person he cultivated the land for 10 years the 7/12 extract also showed his name for 12 years. After 12 years district rehabilitation officer informed that the land was wrongly allotted to you and it is allotted to some other person from now. The matter was decided by district court. The case was lost and the court ordered to return the land the person designated by the district rehabilitation officer.

The matter went in appeal in the high court. The court dismissed the petition and ordered to submit allotment letter and then make a fresh application.

What would be the status if the land is still cultivated by the original person.

Does the other person requires to bring a execution order to get the land.

Should the person holding the land return the land to the other person or what he must do.
Kiran Kumar (Expert) 07 January 2010
ordinarily its duty of the judgment debtor to honour the judgment if he is not appealing furhter, in your case the decree holder will certainly file the excution is the JD is not handing over the land to the DH
Manish Singh (Expert) 07 January 2010
YOU MUST RETURN THE SAID LAND TO the AUTHORITIES. there is no other way to retain the land with you.
But you can appeal to the SC if you hope some relief can be granted.
Raj Kumar Makkad (Expert) 07 January 2010
Quariest is in illegal possession over the land having no authority and it is the duty of the authorities to get the vacant possession of the land to the new allottee. New allottee has just to maek representation to the concerned authorities to ensure delievery of the possession of the said land in his favour.
B K Raghavendra Rao (Expert) 07 January 2010

Obey the High Court Order if you are not appealing against it within the period of limitation.

Land needs to be returned immediately.
Ashok Yadav (Expert) 08 January 2010
The alootment has cancelled and as per your query land alloted to another one, the first allottee should return all the documents and possession of the land to the govt. authorities if dont do so, execetion of decree is the only way.


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