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Pradeep (None)     17 June 2014

Caveat filing without a case

Hi All,

I am planning for a commercial construction at our site but the person whose site is next to me has vested interests and hence requested for a resurvey at Local Panchayat office stating the survey is not done properly and also put up an opposition telling that the construction licence should not be granted unless the resurvey is done properly.

Hence the resurvey has been requested by Panchayat. 

But i have a strong feeling that the surveyor can be bribed to get the measurements done to favour the other party.

So can i file a caveat now in the court even before the survey being carried out stating a general request that no order to be passed without hearing us.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2014

Even if panchayat give certificate by taking bribe, if you feel that it is illegal, you can approach district collector with your grievances. Sub ordinate staff may be suspended. Why Caveat ?

Naveen Kumar (service)     18 June 2014

 

Without survey how do you ascertain  your land measurement, without proper licence from concerned authority how can you construct.  In case if you have valid documents to show about the actual measurement/schedule so you can struct construction.  If you dont have confidence with the survey you can ask for change for surveyor.  At the time of construction if you feel that the other person obstructs your construction absolutely you can file CAVEAT.  

Pradeep (None)     18 June 2014

Hi All,

Thank you for your suggestions. 

@Ramachary: Approaching collector is a very good suggestion. thank you for that but am trying to explore all options i have in this situation.

The initial survery is done fairly without any issue after which we filed application for construction licence. During the licence issue stage the local goons have filed this resurvey request at panchayat.

The property documents are clear and even they have agreed to the our ownership in their application to Panchayat for a resurvey from a different surveyor stating that the survey was not done properly and it is encroaching their  adjacent site. So i feel that they may create troubles during the construction. 

So my main question was can Caveat be filed even before the resurvey to have an advantage on my side. My only worry is they should not get any undue advantage of a Construction Stay order for whatever reason if there is a delay from my end in filing a caveat.

Regards,

T. Kalaiselvan, Advocate (Advocate)     21 June 2014

Caveat petition is unnecessary in this situation. Better approach the revenue officials at the district/tehsil level and give an application to object the intended resurvey plan of other side and to put an injunction to that.


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