Writ of mandamus against district collector

Pramod (Querist) 27 December 2022 This query is : Resolved
Dear Seniors

My father is strugling to get 7/12 corrected since last 3 months. He has filed apeal unders section 155 Maharasthra Land Revenue act at District collector 20 days before. My father has given a letter to Village officer for correction 2 months back. But since there is no progress.

Kindly suggest if he can file a writ of Mandamus against distric collector and village officer for not performing his duty ? How much cost it takes to do so.

Kindly guide.

Regards,
Pramod N.Bansode

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Quick Summary

This discussion explores the possibility of filing a writ of mandamus against a district collector and village officer due to a prolonged delay in correcting land records (7/12 extract). While a writ is an option, legal experts advise patience, suggesting a waiting period of at least 45 days after application and proper follow-up before considering such action. The urgency stems from land acquisition for a government project and impending compensation release, but the court may still require further waiting periods. It's recommended to consult a lawyer for guidance on seeking a stay if compensation is at risk.

kavksatyanarayana (Expert) 27 December 2022
Please note that the District Collector will have multifarious duties and he may obtain the necessary information from the departmental persons and it will take some time. You have to wait at least 45 days after you submit the application. After the lapse of 2 months, you may aks the reasons for using RTI.

Dr J C Vashista (Expert) 28 December 2022
What is the urgency which cannot be awaited ?
What action / remedy did you avail before filing a writ of mandamus ?

Pramod (Querist) 28 December 2022
The urgency is that the land owned by my father came under a government project for acquisition. The adjusted land owners had been surveyed by land acquisition authorities. The compensation is to be released from Jan 2023 onwards.

SHIRISH PAWAR, 7738990900 (Expert) 28 December 2022
Hello,

Yes you have to wait for 2 months. The writ can be filed but court may also ask you to wait for some time. So instead of filing writ take proper followup with village officer.

Sudhir Kumar, Advocate (Expert) 29 December 2022
If you feel that your compensation is likely to go in favour of another person then seek stay on the same till decision on your application. consult your lawyer.

N.K.Assumi (Expert) 29 December 2022
The experts have given useful and the right responds, and nothing to add in the Maharashtra Land Revenue Act.

T. Kalaiselvan, Advocate (Expert) 29 December 2022
You cannot file a writ against the collector without you getting any reply or response rejecting your demand/request.
You have to await their response by allowing them the prescribed waiting period of time for their reply.
When did your father acquire the land and why he remained silent for all these years without noticing the error or taking any action rectify the same until; three months ago.
You have approached collector just 20 days ago, it is also not known whether the village revenue officer had given a reply to your application or you have jumped to the collector office without waiting for the local officer's reply as well.
Your haste will ring disaster to you, hence always handle the sensitive issues patiently or else you may tend to lose the main remedy itself.

Dr J C Vashista (Expert) 30 December 2022
@ Pramod,
It is better to wait and watch
Best wishes for the coming New Georgian year-2023

Pradipta Nath (Expert) 01 January 2023
Yes better to wait for the time being.

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