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Yoganathan (Software Developer)     12 October 2012

We are forced to file civil case for surveyor's mistake

 We are forced to file civil case paying lakhs based on ground value, because the government surveyor

Doesn’t properly executed an order given by  RDO. 

 

In 1996 we got an DTCP Approved plot land, in 2006 some persons tried to fence our land, we opposed it and filed a complaint at police station. They showed an order from RDO saying that Saying that Realtor company who sold the land to us has produced the Proof of purchasing only 27 cents out of the total 67 cents. but they got a Joint Patta for total 67 cents which is wrong. hence he order the local official to partition the 10 cents based on the Will document produced by the opposition party and give patta on their name.

On Reading the will Document, we came to know that boundaries mentioned in the will document, clearly doesn't match with the Location of land. Our land located at corner next to it is a temple land. but as per the will document produced by the Opposite party , their land located at the center of that survey number. In fact we have documents showing that realtor has purchased those surrounding land. we don't know whether the realtor purchased this 10 cents land.

We could clearly see that realtor has purchased the land in which our plot lies, but since building were constructed  at all  other plots in that survey, they are claiming our land and office has given patta to them based on the RDO order. not verified that whether boundaries mentioned in the Will matches with our plot.

 

We have not informed about change of patta.

 

we filled an apeal to DRO, after taking 4 years to enquire our appeal, in 2011 he passed on  order saying that since multiple parties calming for same patta, they need solve it in court filing civil suite. he didn't given an explanation on how the pata got transferred to the opposite party , even the boundaries mentioned in the will document doesn't match.

 

we approached some lawyer, they asking us to file civil suit, for which we need to pay 10% of court fees which in lakhs.  they also questioning us, how your saying that boundaries were not matching, the boundaries mentioned in documents were in terms on lands, but currently entire area were full of houses, hence it's very difficult to prove that boundaries were not matching, unless we get any order from court the surveyors will not survey and say that they have done a mistake. there is no other way we only have to file a civil. Otherwise Government officials will not answer your question. They also saying, now itself it’s too late, we could lose this case.

 

The worst part is the opposite party now fencing the land and already constructed a hut in it and got electric connection. We complained to police. police were not stopping them saying they have patta in their name and asking us to go court.,

 

For a mistake done by a government employee , my entire family is under deep stress....

 

 



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 3 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     12 October 2012

It is the law of our land that if you are aggrieved you go to the appropriate forum. In this case you have to go to the court and you will have to pay the deposit as required.

But you can also follow what you have experienced. That is you could have also tried to do what the other party has done. But you would have been doing illegal activities and could be convicted of the same.

It is the law and you cannot do much except go to Court.

S Jadhav

Yoganathan (Software Developer)     16 October 2012

Hi Thanks for the reply.

I need some guidance. Is it possible to verify to whom this particular land, on which our plot lies belongs to. i.e. from whom the realtor would have purchased. The realtor has given us some parent documents which are in cents, he has given documents for 37 cents in that survey number, is it possible to trace the exact land owner of our plot from whom the realtor would have purchased. some of my friends suggested to get the FMB sketch, i am not sure whether this document would have the details, also currently we don't have the pata in my name, is it possible to get the FMB Sketch.

Yoganathan (Software Developer)     12 August 2013

Hi, need more advice on the above case

 

we approched a Madras highcourt lawyer and he advised to file a suite against the RDO, DRO and opposite party, on the ground that their is G.O passed saying that DRO should settlement the matters related to patta instead of advicing to file a civil suite.

We have filled the a suite through him,  after  few hearings, my advocate said that RDO, DRO or the opposite parties were not appearing for the hearings and hence he got a permanent stay from the high court on this matter, now its almost 6 months, still the neither RDO or DRO or the Opposition Party not responding to the court notice, and my advocate says we can't don't anything, we have to wait until the opposite party responds.

Can't we ask the judge to pass the order on this case becase the opposite parties not responding.. Please advice..


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