• UDR sub division without path to my Land

My grandfather and opposite party together bought Agricultural land in 1971 which is 4 acre UNDIVIDED Share in the survey no 80/2 via single sale deed. Later Approx in 1986, it was sub-divided into 4 pieces as 80/2A, 80/2B,80/2C and 80/2D under Tamilnadu UDR scheme without our knowledge and patta was issued as below 

80/2A --> it is path way to 80/1(other land).(both parties included here).
80/2b and 80/2D --> in my grandfather name.
80/2c --> in opposite party.

But During UDR, they sub divided my grandfather land i.e 80/2D without providing the path way. we had to reach 80/2D via opposite party land 80/2c .though we are using opposite parties land past 30 years to reach 80/2D , there is no path exist physically ..still it is an agricultural land of opposite parties. 

we came to know this UDR sub division In 2016 and filed a petition with DRO to cancel UDR sub-division or enable access to 80/2D. there was no response from Dro. So later we filled a Writt petition in madrs high court and court directed DRO to enquiry our petition and issue order asap. But he passed order saying it cant be cancelled (UDR patta) because it was done 30 years back and saying opposite parties are in the enjoyment over 30 years.
And for 80/2d, there is NO way/path exist to reach our land(80/2D) other than opposite party land(80/2C) . 
 
so My question is Now, 

1) shall we have to move to Madras high court to challenge DRO Order. (OR ) 
2) should we have to approach civil court . if yes, under which section/Law ??? 

Regards
Ramesh M
Asked 7 years ago in Civil Law

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5 Answers

file writ petition in HC to challenge DRo order

2) in the petition take the plea that sub division was done and patta issued without issue of any notice

3) no personal hearing was granted and order was passed for sub division in violation of principles of natural justice

4) the fraud was discovered only in 2016 and you had immediatedly filed writ and on basis of court directions order was issued by DRO

5) seek orders to cancel the sub division and fresh sub division to be done after notice to both the parties

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1)the issue is whether entry in revenue records was done after issue of notice to both the parties

2) in the present case subdivision of plots was done without any prior intimation . no hearing was granted to your grand father

3) in such a case DRO can alter the revenue record

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. The order of DRO can be assailed through a writ petition in the HC on the ground that principles of natural justice were not followed before making the sub division.

2. The HC can cancel the sub division and order fresh sub division to be made after compliance of principles of natural justice.

3. Where the revenue entries are made without issue of notice to the other party or parties the DRO can cancel the same.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) shall we have to move to Madras high court to challenge DRO Order. (OR )

you can prefer an appeal agaisnt the decision of DRO before the appellate authority after which if you dont get favorable decision you may plan to move high court.

2) should we have to approach civil court . if yes, under which section/Law ???

You can approach civil court with a suit for easement rights and mandatory injunction.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

DRO called both parties (including my father, opposite parties ..VAO and surveyor) and order passed without justice.

Ae per order, he is saying , since opposite parties are in enjoyment over 30 years, he cant cancel or alter the FMB/revenue record. is that correct ?

You can prefer an appeal on the grounds you rely upon as well as highlight the necessity of path way to access your property in the appeal which has not been considered bu DRO

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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