if case is pending before RDO since 2007 wait for case to be disposed of
2) disposal depends upon pendency of cases
3) you can seek expedited hearing if you are a senior citizen
Regarding assigned land
Hi We have purchased a land in 2003 with proper registration and proper link documentation. In 2007 Tahssildar had given a notice stating that it is assigned land , after that we have verified all the documents we have several registrations from 1948 and Tahsildar has shown some names that they have assigned to some body but as per our record the same people has got registered documents how it is assigned we are not understanding and now we approached RDO the case was pending since 2007 . How we have to proceed please help us .
Asked 7 years ago in Property Law
Religion: Hindu
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9 Answers
Sir if the tehsildar claims it is assigned land check the government order vide it was assigned secondly the case can be contested based on the registered documents that land was purchased and not assigned and government records can be rectified.
- As per the information mentioned in the present query, makes it clear that the subject property has various transactions of transfer.
- But, as per now you are the one who is having the last ownership over the same then I advice you to be there and contest the case.
- Though I know this may take few years more, but still would advice you to go for the proceedings.
- And if you wish you can file a Writ of Mandamus under article 226 of Our Constitution of India before the Hon’ble High Court for its speedy conclusion.
Assigned land is in the prohibited category and the law bans transfer of such land to third parties.
Section 2(1) of the Act to the effect that the lands assigned by the Government to the landless poor persons under the rules for the time being in force subject to the condition of non-alienation and includeslands allotted or transferred to landless poor persons.
Hello,
In light of the facts as told by you, I do not think that this is an assigend land.
You may file a writ under section 227 before the HC and get the matter expedited which is pending before the court since 2007, so that the same is heard and decided in a time bound manner.
Regards
1. Assigned Lands CANNOT be Sold /Purchased without proper written order from the district collectors office, since the assignee are not the actual owners and they have received land for self-sustainenace from the Govt.
2. Apply to the district collector to UN-assign the Govt. Title and convert it into free-hold transfer land.
Keep Smiling .... Hemant Agarwal
Sir Thank you for all your valuable suggestions But what I want to know is how come a private land is going to be assigned In 1928 they have shown it as ziroyiti in Gillman record And after that several sale transactions was approved by subregistrar Total extent was divided and is in the names of 5 persons with proper sale deeds and Tahsildar is showing the same names in the assignee list How it comes I am not understanding .
Asked 7 years ago
Sir if there are sale deed in favour of 5 person purchased from.any individual or individuals then the said land cannot be assigned.The assignment is false then same can be contested.
You should in pending case before RDO enclose documentary evidence that it is private land and number of transactions have taken place on said land
File an RTI get all certified copies of land details, if in certified copies whether it is mention land is belongs to private then you file a suit on merit.