Sub: Pre-Litigation matter of Ex-servicemen
I am an Ex-serviceman worked in Indian Army for 28 years. I was assigned land measuring Ac 5.00cts in the year 1975 while serving in Army. It was assigned in Military Quota. Later D Form Patta was issued to me vide order dated 21-12-1975 by the then Tahsildar. I have been in peaceful possession and enjoyment of the land by bringing the same under cultivation spending huge amounts and supporting my family members including aged parents since then paying land cists. I also submit that the land was looked after by my father as I was serving in the Field areas (Border posting) and as & when I came on leave I used to check the field and supported my father in the cultivation of the land. After completion of my service in Army, I came to eking out living by cultivating the said land.
As the matter stood thus, In 2006 I came to know that some locals have been assigned the same extent of land, and they stated that land was assigned to them was D-Form Patta too and right now under CLDP.I took the matter to the then Mandal Revenue Officer in the year 2006. Then I filed a Grievance petition in Grievance cell. Case went to the then Collector, after hearing both the parties He asked Honorable Joint Collector to look in to the matter who latter sent notice to the then Tahsildar to go into detailed enquiry and report back to him with the detailed report. In 2008 Tahsildar report stated “The petitioner filed Xeror copies of documents issued to him but the other party has not produced any documentary evidences” the report also stated “D-patta was issued to other party without canceling the D-Patta of Original assignee”. But he also mentioned in the report the presently the assigned land was covered with mango plantation and with Government funded Bore well was dugged in the land which was stated in MRI report.
I was surprised by the report I personally went to my assigned land and found that there was not ever a single plant or tree was present, yes bore well was their but that was nearly 500 square yards away from my Ac5.00cts premises. I took the photos of the land, and submitted in the JC Court.
In the meanwhile on 6/1/2009 Revenue Divisional Office (RDO) has also submitted the report which stated “As the assignment was made to the first assignee in the year 1976, after lapse of 30 years without cancellation, issue of subsequent patta is irregular. For cancellation of irregular assignment, the Collector is the competent under B.S.O 15(18), Request you to issue favorable orders”.
After that on 7-1-2009 Joint Collector issued notice stating “Why their D-Patta’s shouldn’t be cancelled” to other parties, He asked them to come to JC Court with their original documents if they have any on 28/2/2009. On that day JC Court recorded the statements of other parties and mine in writing. The other parts who were comprised of 9 local people stated D-Patta was issued to them in 2006 and presently they are yielding Mango Plantation on the Ac 5.00 cts under CLDP. Joint Collector asked the MRO to provide the details of the present condition of the land and submit his report to JC Court. Joint Collector also issued notice to the MRO and MRI of 2006 to be present for the next hearing on 30/5/2009.JC also stated me to stay in touch with MRO and pacified me not to worry.
After that date was in constant touch with MRO Office. I was not even called for the 30/5/2009 meeting. On 5/6/2009 when I visited the JC Office it’s informed that JC was transferred and new JC will be joining soon.
After One month when I went to meet the new Joint Collector, he stated is not aware of the case and asked me to file a new case and give everything happened in writing .I did the same, He stated that he will look in to matter and that I should stay in constant touch with the MRO.
Nearly 2 JC’S and 3 MRO changed till date I never received Verdict. In 2015 I filed the case in Lok Adalat. Notices were issued to MRO, RDO and Collector. Only MRO was present with his lawyer whereas RDO and Collector sent their Representative’s. Lok Adalat judge looked into the matter and the report submitted by the MRO, The report stated MRO Office has gone through the complete case and found some relevant document whereas some of the major documents related to the case are missing. Report stated that Land issued to me was actually cancelled in the year 1995 for the violation of the terms of D-Patta for not cultivating that land for more than 20 years and was subsequently issued to some Local SC’ people for cultivation. Report also mentioned that “A1 Notification copy was traced but Served copy could not be traced as well as a search was made in the MRO office but the original Assignment file to the 9 SC beneficiaries could not be traced in the Record Room. The D-Patta beneficiaries have been issued Pattadar Pass books vide the Khatas. Presently disputed land stands Barren. And presently the case is pending with Joint Collector.
The Honorable Lok Adalat Judge gave The Verdict, “After Hearing Both sides I came to a conclusion that without serving A1 notification, cancellation of D-Patta is irregular and illegal Petitioner is advised to file suit for Declaration of Title, Delivery of Possession as well as damages before the Competent Court with the above said observation”.
After this I took the report submitted by the MRO to the Joint Collector asking for his verdict, He said “It just came to his notice and He will investigate and get back to me in 10 days”. And after when I got in touch with his Office, it was informed to me he was transferred and New Joint Collector will be joining soon.
I recently met some of the Lawyer in Visakhapatnam (The City where I stay) who suggested me to file the case in Andhra Pradesh High Court as they said Filing the case in Civil Court will take ages to get Verdict. But when I checked with the some of the High Court Lawyer’s and the fees they are charging (rough estimation 2 lakh’s to 5 lakh’s) to file Writ Petition and to fight the case is way above my reach. That’s why I am confused what should I do.
Can you please provide me with your valuable suggestion?