Someone has illegally taken the land in Bihar
Since 2005-2006, the land has been taken over by someone illegally and he has been staying on land (partially kaccha home). We had filed a case against him on 3rd Jan 2006 , but it was discontinued due to non attendance of my lawyer and this happened as my lawyer was bribed by person who is staying illegally at my place.
5 Katha land is there and he seems to be one of the gunda of village. As we were always away from our land, we came to know very late. now we want to get rid of this dispute.
We approached DCLR, after 8 hearing and 10 months, he gave his order that he cannot do anything in this land dispute and move to higher court. What we came to know that he was bribed and the DCLR is of same caste of the guy who has taken our land.
The plight of the law situation in Bihar is like piggy box - drop some lacs of rupees, your case will move forward, irrespective of any level of government employee in court.
We are preparing ourself to file a case in commissioner office, but the funniest part is that if want to move our file quickly - we need to pay 70 thousand at every step :) and no one knows what will be the judgement.
A 70 year old guy is fighting for his own land and trying to prove that this land belongs to him and he has paid all the taxes, until now for those land have all the proof from land and reform department, but there is no law in India which can help this guy to bring back his land,, he has to go to commissioner office and then high court and so on....
Thats condition of every village in Bihar - and the worst part is from top to bottom, everyone need bribe and without that no one can help.
We have not found a single clean employee in DCLR or commissioner office till now since the case we have filed in Jan 2014.
If any lawyer can advise this old man - what is the way to fight against such situation or atleast suggest him that forget about this land as you being too old to fight in Indian Law System.
Asked in Property Law from United Arab Emirates
Hi, from your narration you have already filled a suit which came to be dismissed for non prosecution we don't know what is the nature of case filed before Hon'ble court and you have to file appeal before High Court and one thing you must have trust in legal system and you will get the remedy as pe my understanding you to file suit for deceleration and possession if you not filed earlier you have to file this suit with consultation of local advocate.
1. Do not go to the commissioner as it will be an exercise in futility. The reason being-Commissioner has no power to intervene in a case of this nature. You have been wrongly advised to apply to the commissioner.
2. Your only remedy lies in moving to court to restore the case which you had filed and which had been dismissed due to the absence of your lawyer. If restoration is not done by the lower court then move to Patna High Court. Your case will be restored for sure subject to the payment of costs (fine).
3. We are not in a position to countenance or inquire whether the absence of your lawyer was due to extraneous considerations. So I can only suggest you to engage a good lawyer and get going immediately. The more you delay applying for restoration the more will be the fine and also the chances of getting the case restored will become bleak.
4. The Indian judiciary has stood the test of time and is widely regarded as the most fair and independent judicial institution in the world. The court had no option but to dismiss your case if your lawyer did not appear. You should get justice if you channelise your efforts in the right direction.
1) It so appears from your description that you are totally disgruntled and dejected by the rampant corruption and bribery and have almost lost your faith in the judicial system .
2) This being said the verdict of DCLR and subsequent abandonment of the case due to non pursuance of the case with due diligence indicates that you were at least on the right track. Therefore you need to move a petition to restore the petition that got got dismissed. If the lower court refuses to re-admit the case you need to move a petition to the High Court.
3) You are not too old to fight your case, neither is the judicial system incompetent tho dispense justice to you. Therefore all you would require to do is to redirect the case in the right track.
1) you have stated that case was filed by you in January 2006. when was th case dismissed? was dismissal on merits ?
2) have you obtained certified copy of order ? did you file any appeal against order of dismissal ?
3) since you are a senior citizen and 70 years old you can move court for expediting final hearing of your case .
4) on basis of order passed by DLCR move court for necessary relief
1. Commissioner has no jurisdiction to try your matter,
2. Since your case was dismissed for non appearance by your lawyer, file a petition to restore the said case and persue it properly,
3. If it takes a long time file a petition before the higher court for a order upon the lower court to expedite the matter.
Dear Sir, Thanks for answering my question. To add more to my case as described before
1. The case which was filed in 2006, was dismissed after 2 years due to nonappearance of the lawyer
2. New Case has been filed in Feb 2014 in DCLR (Deputy Collector Land Reforms) - as per suggestion by our new reputed local lawyer. - What i know that this court handles all the land dispute case and they have to dispose of the case in 90 days (which is rather not possible for Indian Judicial system)
3. I have personally attended all hearing - in total 5 hearing from feb to Sept 2014. All the arguments/proofs/discussion was in our favour in all the hearing and opposite party had no proof of anything and they have not submitted a single document to show that the land belongs to them (in any case they couldn't)
4. In Oct 2014, to our surprise, there was judgment by DCLR Judge that this case cannot be solved and needs to move to higher court. (without explaining the reason, in particular) Don't know what happend, but later on we came to know the real corrupt system which actually in place since day 1, but we were in hope that we have all proof and our case is so strong that no corrupt system can fail us. But it did
5. Now my question is
a) My lawyer has filed a case in commissioner office against the judgement given by DCLR - Is it correct. Thats what the here the system say us to go to commissioner case ( and need to pay bribe of 70 thousand if i want to have quick dates of hearing) but ultimately it is a waste of time which i think. What is your suggestion
b) Can I file the case directly in High court ignoring the commissioner office ? If yes - is there facility available for senior citizen person like me who can provide some relief. Is there any proof that says that i can go directly to High court and High court will accept my case ? Will they send be back to the commissioner court ?
c) As my son is NRI - Can he file the case against the opposite party in Indian Embassy - will it help. He has already helping me by preparing a document for submission to the complaint section where they take up such case
d) Can someone suggest me good name of lawyer which actually can help me to get through this system in clean and correct manner
or Can any one from you help me in filing the case in Patna High Court ?
Just to add more - on one part of land -OPPOSITE Party's family is already staying with kaccha house and 60 percent of another land is having boundary wall captured.
Asked 2 years ago
1. You had filed a case in the civil court to recover the property of which you had been dispossessed. This case was, according to you, dismissed by the court after 2 years due to the non-appearance of your lawyer. As a lawyer, it is unfathomable to me as to how can you challenge before the DCLR or Commissioner the dismissal of your case by the civil court. Most likely, you are on the wrong path, which when walked on would foreclose even your appropriate remedies under the framework of law..
2. The only legal remedy against dismissal is to go back to the civil court or move the High Court depending on the facts and circumstances of the case.
3. Whether or not you can go directly to the High Court is a question that can be answered only after one is cognizant of the nature of case you had filed before the civil court.
4. Embassies have no authority to decide property disputes. So do not waste your time therein.
5. You are free to engage any lawyer of your choice.
6. It would be better for you to have a conference with a lawyer and show him all the documents relating to your case to get an unambiguous legal advice.
1) you r case has been dismissed by trial court on account of non appearance of lawyer . you should have made application for setting aside order of dismissal . what were you doing for last 6 years?
2) you can make application before trial court now and state that your lawyer did not inform you of dismissal of case . hence delay in making application be condoned
3) it is necessary to peruse order passed by DLCR dismissing your case and stating it has to be filed before higher court .
4) since you have already engaged a reputed local lawyer who is conversant with facts of your case go by his advice
5) you cannot move HC directly if you have an alternative remedy .
6) it makes no sense in filing complaint with indian embassy . it has no jurisdiction to decide your dispute
7) you can if you so desire take second opinion from another lawyer who can advice you after perusing the case papers
1. You file a case before the Patna High Court challenging the impugned order passed by the DCLR,
2. If CLR is the Appellate Court to DCLR in your place, then the High Court will send the matter to CLR or will direct you to file it before the CLR,
3. If not then, your matter will be heard by the High Court,
4. Since it will take a short time to know whether High Court will hear the matter or not, your loss of time will not be much, in case High Court refuses to hear it at this juncture,
5. If High Court decides to hear it, you will save a lot of time in skiping proceeding before the CRL,
6. Dis cuss the matter with an Advocate practicing at Patna High Court.