Order 39 rule 7
Pardeep Kumar
(Querist) 11 September 2013
This query is : Resolved
Respected sir
I filed a civil suit in which court passed restraining order against other party as they raising construction(shops) over our khasra no. Eg 92 but other party in his written statement stated that they are raising construction(residential hours) on khssra no. 96 . Then I filed application u/o 39 rule7 for local inspection of subject matter of suit in which Naib Tehsildar directed by the court to report in which khasra no. the construction work is going but here the Naib Tehsildar after inspection called our party and made stresses on him for compromise with defendant and also filed misleading report by saying that due to crop growing around the suit land I could found in which khasra no.defendant constructing shops
Now what should I do please give me or valuable suggestion
Thankful
niranjan
(Expert) 12 September 2013
Land survey officer need tobe appointed who after measurement of land can decide boundaries of both s.nos.You can file another application under O.26,rule 9 and 10A
Advocate Ravinder
(Expert) 19 September 2013
When there is specific court order for demarcation of certain open land property, both Mandal Revenue Officer (Tahasildar) and the Revenue Inspector (from Sy.dept) both will go to the site and do measurements and note the boundaries and decide what is the exact Survey No. of that particular subject matter of case No.
The above officials cannot escape from their obligation. It is their mandatory duty and over and above the court has given specific instructions to do survey. If the revenue officials do not give proper report, they will come under contempt of court. It is the look out of the court. do not worry and insist the court so that the court puts pressure on the revenue and sy dept officials.
