• Gramma natham resurvey mistake as wrongly mark or combined to road and misuse of highway encrachment

Sir my grandfather bought property(as 4 items) in (natham) porampokku land from relative person on 1985(registered)
the relative person paid house tax in 1979 on wards till 1990. my grandfather house property is nearby bought ed property.and my grandfather also paid house tax until 2018.The gramma natham re-survey was held on 1992 then in re survey my grandfather in seek on that time . the boughted property is not considered by surveyor. then the issued pattas
. on that patta the boughted property (item 1 half) is issued patta to another person,then( item 2 and item 3 half) boughted property was mentioned as natham path.
and item 4 was mentioned as natham road(combined to road).
i filed original suit case in district court prayer for permanent injunction and i got temporary injunction.
then the defendant written complaint to tahsildar. the tahsildar visit the location and close the complaint (remark as the complain-ted location in court case and the temporary injunction gotten)
then the defendant written complaint to highway department as highway encroachment 
then highway authorities inspect the location and the road category as other district roads(odr), then seen the new fmb (field map) after gramma natham re survey 1992.
and seen the old fmb also before gramma natham survey on 1975.
the highway authorities and tahsildar concluded the survey on 1975 fmb the bouhgted item 4 property came under natham porampokku boundaries. and closed the complaint.

then the defendant got high court order to remove encroachment in other district roads (item 4 property is not disturbing for peoples its mistakenly combined to road)
what i do\? highway encroachment act is wrongly used
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

File review in court that the item 4 is mistakenly included in encroachments.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you are aggrieved by the high court decision and feel that your case has not been represented properly you may prefer an appeal against the judgment.

In that you can clearly explain your grievances and seek remedy on the basis of the supporting documents.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You can approach high court seeking stay of all proceedings in the district court till disposal of writ petition pending before high court.

But you cannot seek stay order for any other thing till the disposal of district court case.

If they have filed a writ petition before high court you may have to file counter and argue your stand on it, if they are yet to file a writ petition then you may file a caveat petition before high court first on this issue to prevent them from getting an exparte stay order against you.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You have to appeal against HC order before SC

2) you have already taken legal proceedings to correct survey mistake , to update revenue records

3) wait for disposal of your case before the district court

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

You must file appeal against HC order

Mention the proceedings pending for corrections of survey records, updating revenue records

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

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