Until the allotment is cancelled, can tehsildar cancel the mutation/namantran
On 19/06/1969 Govt. alloted a piece (Ger-Khatedari) of land to my father on grounds that he is Agriculture Graduate (Krishi Snatak). On 14/10/1990, From Ger-Khatedari, Namantran (Khatedari) is done on my Father's Name.
On 24/4/1992 A Mandir Trust went into SDM Court and got our Namantran Cancelled on grounds that we dont have any possession on the land. But our Namantran & Allotment was remained until 2015.
In 2014 Mandir trust again went into Tehsildar court and on 08/04/2015 Tehsildar announced the result against us and recommended the Patwari to Put the records in the Govt. Name (Sivayechak).
Against the decision we went into Revenue Board against the Govt and Mandir Trust.
Before the decision, Tehsildar told me in person that he will announce the result against us because he needs to live in town and he cannot go against the trust as they are quite influencing people. Although he told me Namantran cannot get canelled until Allotment gets cancelled first. But since they are under mandir trust impression, they any which ways cannot go against them.
So from 2015, the case is under Revenue board, which i guess was a mistake, we should have appealed in high court rather than Revenue Board. But Revenue board gave stay on the lower courts decision and asked Patwari to let the books remain intact and Cancellation of Namantran and Transfer of Land to Govt shouldn't happen.
I want to ask techinically should i keep on fighting the case and if this thing is true that Namantran cannot be cancelled until Allotment gets cancelled first.. even if we dont have possession on the land. But Namantran was done already before the Mandir Trust went into the court. Someone also told me that Supreme Court gave a judgement in which by mistake a land was given to someone but its been more than 30 years.. so such land cannot be taken back.
Please advice.
Asked 8 years ago in Property Law
Religion: Hindu