• 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

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5 Answers

This is true that Namantran cannot be canelled until Allotment gets cancelled first. I do not think so that there is nay point in fighting the case, this will go on for years and will lead you to nowhere.

If it was you who was having the possession of the land then I would have advised otherwise, yes there are judgments of SC which talks about adverse possession but the same may not apply to you as they are facts specific.

If you have the capacity (financially) to fight the case till HC and then SC then go for it fight.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Well, file a writ petition in high crut so the court directs Revenue Board to dispose of the proceeding within couple of months.

2. If the said order passed by Revenue Board goes agaisnt you then you can challenge this in high court.

3.So let an order be passed. if you retain your physical possession over the land you have got a very good case.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) you should continue with the case before revenue board as you have got stay order

2) unless allotment is cancelled entry in revenue records cannot be cancelled

3) you ya e good case on merits

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Hi, you have a strong case In your favour ..you can also file a writ in high court against the tehsildar order

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

If the mandir trust approached the revenue department in the year 1992 and got the allotment cancelled because your father was not in possession, how could your name would remain till the year 2015, it means the cancellation of 1992 had not taken place though the SDM court passed an order to that effect.

Moreover the board has given a stay to this effect, you may in the next hearing explain the facts before the board and convince the board to set aside the SDM court's decision, take physical possession by filing an EP if the possession is with some third party.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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