Notice has to reach atleast 15 days before?

Arka Foundation (Querist) 26 March 2013 This query is : Resolved
An Petition was filed for Survey in city A.

Petitioner stays in city B.

Petitioner received the notice jut 2 days before the Survey.
(ie on Saturday and Survey is on Monday)

The surveyor letter represents a back date.

The notice was sent in private courier but not in post.

Petitioner was not in Town when courier received. But was informed about the surveyor notice

However, petitioner was on time. But the surveyor did not do survey and took the notes from the others who are on the land and closed the matter.

Is Surveyor corrrect?

Now, the Petitioner is the aggrieved party.

Queries:
1)Any rule/order that a notice has to reach the petitioner atleast 15 days before.

2)Any rule/order that it must be sent through Regd. Post Ack Due.

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ajay sethi (Expert) 26 March 2013
no such rule that notice has to be sent only by regd post AD . it can be by courier too . it is effective service .

unless court order mentions that 15 days advance notice has to be given the notice received 2 days before carrying out survey is proper

Devajyoti Barman (Expert) 26 March 2013
1. There is no such rule indeed.
2. No such Rule as well.

Raj Kumar Makkad (Expert) 26 March 2013
There are no such rule but the procedure adopted by surveyor should be the main grouse for you instead of raising the objection over the notice. You reached in the town in time which means you condoned all irregularities even if those were persisting in sending the notice.

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