If the Revenue board is an authority above the Tahsildar who disobeyed its order or if the Tehsildar is an officer subordinate to the revenue board, then you may file a contempt petition against the Tahsildar with the same board.
Tenancy land
We have been allotted 24 acres of land in Aurangabad, Maharashtra by Tahsildar also Ex Officio Chairman of Agricultural Land Tribunal (ALT) in the year 1966 under Hyderabad Tenancy Act 1950.. such declaration there after was challenged in the court of Asst. Collector. collector confirmed the tenancy and kept the same decision as of ALT. It was further challenged in Maharashtra Revenue Tribunal court in 1968 . The full bench of two members of MRT decided in our favor partly by confirming our tenancy to the extent of 12 acres. We were cultivating the land till 2010. Then an application after almost 40 years was made by one trust in the office of Tahsildar saying that the land was Inam land so no Tenancy could be created . Actually they never produced any such revenue record. in fact it was a private land as per revenue record. Malguzari tax was also paid by the land lord since 1950 till 1960 on whose land tenancy was created. He never raised any objection for such tenancy. and Tahsildar declared the land as Inam land and tried to disposes the tenant. aggrieved by this we applied to Deputy collector. who declared that we are Tenants. They the trust prefered appeal to another collector . then in appeal we again filed to MRT in 2018 MRT quashed all the earlier orders sayin that subject land was Inam Land .and declated the landas Tenancy land under the HT Act 1950. Can we treat the Tahsildar's act a Contempt of Court. Is MRT a Court ? Is there a contempt by Tahsildar acting against the judgement of Revenue tribunal.?
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
Firslty, Sir, as stated by you that it was the private land in the land records from 1950 till 1960, which means it was created thereafter in tenancy rights.
Secondly, it’s been 40 years that no one except one person came and said that the land is disputed doesn’t create any ground for non tenemagy rights.
Thirdly, there has been a limitation person for everything plus correspondence acts to show the ownership or any rights if possible by the other side also which they failed to do so.
Yes, it is the contempt of court for sure.
If MRT orders have been violated contempt of court application is maintainable
2) Tehsildar has on basis of records held it is in an land
3) he has not committed contempt of court
The tehsil dar has verified the record and based on that using due diligence passed his.order in the capacity of revenue court power so.it can be said as contempt of the court.
Last portion of query can be understand.First of all what is the locus standi of trust, it has no say in matter.
The Tahsildar's act has been dismissed by the court and you have been confirmed with the land in your possession.
Why do you want to stretch this issue any further legally, because the Tahsildar may once again prefer an appeal in the form of writ before high court.
Until you have not been provoked by the government machinery, you remain silent about this without provoking them any further.
Further the question of contempt of court does not arise because the Tahsildar has file a case for retrieval on the basis of some facts he relied upon, hence it is not a contempt of court.
He has not disobeyed the court order, hence no contempt action may be maintainable.
