• Can a tahsildar change entries in revenue records on conditional order with out observing condition?

We are owners & possessors of plots situated in Raghunadha palem village in Sy No: 349/A and 349/A/1 (COMPACT LAND) enjoying by virtue of registered sale deeds registered from June’2005 and subsequent months. We purchased the plots from Shri Maddineni Venkata Narasiah S/o Gopaiah R/o of Raghunadhapalem village, whose name was entered in all revenue records including adangals, 1B register and ROR. 
In june’2014, when we began construction of boundary walls ,one shri Maddineni venkateswarlu S/o Kotiah R/o of Ragunadhapalem village obstructed ,claiming his ownership on land in Sy No: 349/A/1 showing his name entry made in dangals. 
We tried to gather the reasons for transfer of land from our vendor to Maddineni venkateswarlu . On our RTI application, the Tahsildar Khammam Urban Mandal, Revenue Divisional Officer, Khammam did not respond and led us to approach state commissioner of RTI. 
 The tahsildar,Khammam urban handed over the incomplete file of correspondence which includes proceedings RC No C/21009/2008 dated [deleted].Tahsildar Khammam urban transferred the land measuring ac 4-05gts in Sy No 349/A/1 of Raghunadhapalem Village quoting the decree passed in O S No 309/2005 by the Principal Junior Civil Judge ,Khammam.The decree reads as follows
The defendents ,his men,agents,subordinates, servants and any other persons claiming through him are restrained from interfering with the peaceful possession and enjoyment of the plaintiff over the petition scheduled property and the O S NO 408/2005 is dismissed with cost. We submiitted applications to the District Cllector,Khammam in the month of October 2016, requesting to cancel the wrong entries made in the revenue records through proceedings RC No.C/21009/2008 ft [deleted] of the tahsildar, Khammam urban mandal.On reference from the District Collector, Khammam ,the Joint Collector Khammam sue motto took the matter as case No. ROR/41/2017.
In the mean while ,on legal advice from Kanoon.com we with out advocate,filed implead petitions in the Honorable District Court, Khammam and appraised our grievnces on [deleted] . In the result, the Honorable District Judge, Khammam set aside the decree passed in O S no 309/2005 and dismissed the O S. in appeal suit No. 94/2008 filed by the respondent 7.
We and our vendor submitted applications on [deleted] and [deleted] respectively along with copies of judgement in AS no 94/2008, sale deeds to the tahsildar Raghunadhapalem requesting to enter the name of vendor in revenue records and submitted copies of applications to the district collector,joint collector and revenue divisional officer, Khammam.
Either of the recipient officers didn't inform us about the action taken by them till now.
The District collector in the chair of the Joint Collector disposed our ROR case No. 41 on 23-5-2018 advising us to approach civil court.
# pl give citations relevant to set aside tahsildar order which changed revenue entries.
Asked 7 years ago in Civil Law

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6 Answers

once decree has been set aside mutation entry in favour of decree holder is required to be set aside 

 

2) i presume no appeal is filed by decree holder and no stay passed by apellate court 

 

3) if tehsoldar refuses to set aside mutuation entries file suit to direct tehsildar to set aside entries made in revenue records 

 

4) enclose copy of judgment passed by court setting aside decree 

 

5) you dont need citations . 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir you based on the decree can file with tehsildar a suit for change in the revenue records. In the suit the tehsildar has to pass an order based on the decree of the Civil court if he fails to do same. it would be better to approach the civil court for change in mutation enteries based on the Order.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

I need all other document history papers from starting or you  can maintain in excel sheet date column, description, in description you can mention details what happen on that particular date and in status what action was taken by whom. provide these details so I can provide you citation cases exactly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You don't need the citations here if the court has ruled in favour then the collector has to abide by the said order.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

When civil court once has decided the matter then why to go again , file contempt petition in the civil court not the case to teach them, all the facts will come out automatically.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You can look for citations through your advocate based on the circumstances of your case.

 

If the collector passed an order to approach civil court, you may approach civil court on the basis of the orders passed by the colector for a quicker relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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