• Purchased assigned patta with conditions but NOT a D-form patta

Dear all, 
I need your precious advice before taking the matter to the court.
Description :
I purchased my land in 2013 which was assigned in 2000 with conditions but it was not a D-form patta (No conditions for caste wise), all the conditions were respected when we bought the land except one condition.
The land could be sold after ten years but with prior permission of the government.
We asked the registrar about NOC of the government at the time of registration, we were told that we can get the patta name transfer afterwards instead of NOC.
In july 2014, after enquiry of RDO (Revenue), Patta was issued for us.
Since, We are using the land ONLY for agricultural purpose : we were interviewed by ALL INDIA RADIO, We are also requested as model farm in our region to help local farmers for training by veterinary university and research centre, Villupuram, Tamil Nadu.
I am a Bsc Agriculture degree holder, a Agri loan from SBI bank was sanctionned and one part was credited to my Account. Before sanctioning the loan, the bank took a legal opinion from their advocate.
Now, a person from the same village has filled a petition in the Madras high court asking that 37 persons (our survey number is included) for which the land was assigned for agriculture purpose are misusing. In the 37 persons, I am the only person who is doing agriculture and having a patta in my name, around us there is residential plots and nobody have a patta transfer.
I received a letter from the revenue department and they are telling us that all the patta will be canceled. 
The reason given to us is : eventought you are doing agruiculture, cancellation of the patta is advised because the land must not be sold without our consentment. For the other 36 persons, the reason given is : agri land is used as residential plots.
Please tell me what is my hope : I am a lady with two daughters, I invested my time, money ( i have many debts now) and energy to cultivate the land. I digged a well, got power supply, drip irrigation ...etc only after i got the right that means only after have received the patta in my name.

Thank you all once again, please help me. 
Best wishes for you all 
SriLakshmi
Asked 7 years ago in Constitutional Law

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4 Answers

You needed prior permission of state govt before purchase of agricultural land as period of 10 years have not elapsed since purchase of agricultural land by original seller

2) govt is justified in cancellation of parra in your name

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Even if 10 years have elapsed prior consent of state govt was required

2) you can file writ in HC challenging cancellation of pata on grounds that land has been purchased after expiry of 10 years and it is used only for agricultural purposes

3) mention that your farm is being used as model center for agricultural purposes for training of students

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

The reason given to us is : eventought you are doing agruiculture, cancellation of the patta is advised because the land must not be sold without our consentment. For the other 36 persons, the reason given is : agri land is used as residential plots.

Please tell me what is my hope : I am a lady with two daughters, I invested my time, money ( i have many debts now) and energy to cultivate the land. I digged a well, got power supply, drip irrigation ...etc only after i got the right that means only after have received the patta in my name

Have you sold the landed property to anyone, if not then what is the basis that the revenue department is sending you this notice.

You should send a reply notice to the department explaining that this property was not sold to anyone nor there is any attempt to alienate the property.

That your property is being utilised for agricultural activities only and you are the only person who is the owner and it is under you own occupation and utilisation.

Despite this reply if the revenue department is not convinced and apprehended to proceed with their motive, you may file a permanent injunction suit against the revenue department and seek to restrain the RDO from proceeding or indulging in any such activity which will be harmful to your occupation or create loss to you and and the agricultural activities.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

I bought the land after 13 years, the patta was issued in 2000 and i bought in 2013.

The revenue dept issued a patta in my name only after have verified that all the conditions were satisfied.

The legal action inf the form of permanent injunction suit shall be the legal option before you.

If you propose to initiate any other option then it may not be conducive, may bring you more loss.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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