• 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 12 months ago in Property Law from BANGALORE, Karnataka
Religion: Hindu

Property identified and hubustu stones were placed by High Court of Karnataka C.C.C. 2356/ 1997 Dt: [deleted] ???? Is this a court order ?

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

You may get in touch with a local advocate who may fight the case for you.

Regards

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

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

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

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

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

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