Property identified and hubustu stones were placed by High Court of Karnataka C.C.C. 2356/ 1997 Dt: [deleted] ???? Is this a court order ?
Sy No 159/2B Issue
I need to get the following things done: 1) Clear Declaration of ownership, Title, Possession, checkbandi of our property from the High Court of Karnataka. 2) A clear order giving directions to the Revenue Department with a rigid timeline to finish the Durasti and Hubustu of my property providing a separate Sy No. 3) Clear orders to provide police protection to my family and property. 4) Clear eviction orders to ensure all the trespassers are removed from my property. Legal Strengths: - Property identified and hubustu stones were placed by High Court of Karnataka C.C.C. 2356/ 1997 Dt: [deleted]. The same has not been challenged as of date. - Tahsildar has ordered refixation of Boundary stones in Sy No 159/2B. - Deputy Commissioner has clearly ordered the Tahsildar to take action in regards to the law for refixation of boundary stones. - Assistant Commissioner has clearly ordered the Tahsildar to take action in regards to the law for refixation of boundary stones. The Entire synopsis of details in regards to our property has been prepared kindly revert back to me for any further clarification.
Asked 5 years ago in Property Law
Religion: Hindu
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9 Answers
1. A proper chain of events with clear time line is required to be given before further advice can be given.
2. Do note that only the trial court at basic level passes decree of declaration and no high court gives such declaration of title unless it reaches in appellate stage.
3. So it is not not clear why you have spoken of high court to get the orders.
4. The orders you are seeking is to be different courts in different proceeding and no single proceeding you will get all the orders.
5. So show the papers for giving advice on next course of action.
You may get in touch with a local advocate who may fight the case for you.
Regards
Property identified and hubustu stones were placed by High Court of Karnataka C.C.C. 2356/ 1997 is a court order in which the High Court provided 2 weeks time in regards to fixation of boundary stones for our property for which the ADLR duly complied and 8 boundary stones where placed, a survey sketch was prepared and separate Hissa tippani was made and submitted before the High Court and the same was accepted. Now the point of going back to High Court arises for the fact that the DC Court made an order in these terms Order Issued by the Deputy Commissioner Mandya for case no 22/2011 and 26/2013 Dt: [deleted]. The order consists of 5 points: 1. Revision petitions have been considered. 2. Malavalli Taluk, Halagur Hobli, Maragowdanahalli grama’s Sy No 159 all Durasthi work has been erased. 3. If all the Parties accept in accordance to the KLR act of 1964 column no 141 and 142 an arbitration committee can be made to clear all the issues keeping in reference of the Writ Petition 5132/1997 order the survey and durasti work can be completed. 4. If there is no acceptance of Point 3. Then the respective parties must go to relevant Court and get declaration towards their sale deed, then get it registered with the Revenue Department further along the Revenue Department shall provide notice to all the parties and then considering their Documents of Ownership of Land, Possession, Checkbandi and other relevant documents the Tahsildar Malavalli, Land Records Department and Assistant Commissioner can conduct the Durasti and conclude the matter. 5. In regards to destroying the Boundary Stones (Hubustu Stones), the Tahsildar Malavalli can take action in regards to the LAW. Hence keeping point no 4 in mind i requested to get a clear declaration of my property in the High Court Kindly advice.
Asked 5 years ago
When HC declaration is already in your favor, how come DC over ride it, it`s clear violation of limited authority vest with DC and contempt of HC order. What the need to go for another declaration. Useless litigation cost.
Bette file contempt.
Ownership already settled by HC, DC has no power to revise this issue.
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
you need to contact local lawyer from Bangalore for filing case in Bangalore HC
2) there are number of lawyers on this website from bangalore contact any of them
Dear Sir
Considering your points there are two ways to handle this issue.
1. Though court process by filing before the High Court
2. To handle at trespassers and local issues
According to me having order in no 1 will be paper order unless we handle on the ground level. We have team to handle both at 1 and 2. We can look in to it and ensure that the property is handed over to you for peaceful possession and enjoyment and no interventions.
Feel free for any assistance.
Regards
Shettar
Assistant Commissioner has clearly ordered the Tahsildar to take action in regards to the law for refixation of boundary stones.
The Entire synopsis of details in regards to our property has been prepared kindly revert back to me for any further clarification.
What do you want to clarify by providing the details of what has happened.
Do you still face any problem after having got the solutions to your problem, please revert with the problems you face post the orders in your favor.
From the point No.3, it can be seen that the competent authorities have opined to appoint an arbitration committee to solve the issue, i.e., an arbitration committee can be made to clear all the issues keeping in reference of the Writ Petition 5132/1997 order the survey and durasti work can be completed.
If the parties disagree to the arbitration award then they are at liberty to approach court once again to obtain declaration of sale deed etc .
So you must act on the basis of the orders passed by the DC in this regard or else they may initiate process which may remove the boundaries and the stones fixed thereon.