• Demarcation of homeland

Commisioner court modified my home land and accordingly got patta from tahsil.When applied at tahasil to measure land on spot tahsildar not showing interest. I tried many times.firstly my opposition file a injection suite.court dismiss that suits.district magistrate court direct to tahsil to demacrate the land.but tahsildar not responding.i appeal in e-portal but due to rainy season demacration stopped.like this tahsildar is avoiding to measure land.
Then how it is possible to demacration my land according to commissioer court order?Is any other process having to measurey land?
Can I apply at consumer court or human rights?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

File a contempt against the said officers who are not adhering to HC orders.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1. a writ petition can be filed in High Court of your state praying for issuance of writ directing the Administrative Officers (Tehsildar) to obey a lawful order passed by their Superiors. ‘Writ of Mandamus’ will be an apt writ in such cases. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,

Apply at the consumer court and ask the court to call the tahsildar in person and impose cost for not complying the order. Also you can move to the HC and seek a writ of mandamus against the tehsildar for not performing his public duty. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can file an application before the commissioner for execution of order as the order passed by the commissioner court is not followed and further an application can be give to DM.

if all these fails file an application before the High court to issue direction to department to take steps,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

File a contempt petition against the person concerned.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

File RTI application with tehsildar as to why has he not complied with DM  order for demarcation of your land 

 

2) complain to collector against tehsildar refusal to comply with  order 

 

3) you can also take out contempt of court proceedings against tehsildar 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

File an application for contempt of court before Commissioner for non-compliance of its order. This is the only remedy at this stage.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The effective method is for filing a writ petition before the high court. You have another option to file complaint before the Collector.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

  1. As per the information mentioned in the present query, makes it clear that though there has been a clear direction of the cpurt to the Tehsildaar to demarcate the land, but he has been avoiding it by one or other reason.
  2. It is a clear case of Contempt of courts order, for which he will have to face the consequances now.
  3. You can file a contempt petition in the Hon’ble High Court with all the intimation in writing making the part of the petition seeking direction tot he Tehsildaar for speedy demarcation, or otherwise held him for contempt of court.

Rest, you can contact me through Kaanoon for further legal assistance and drafting of the same mentioned above, if like my answer.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) You can make complaint against Tahsildar to District Collector that not perform his duty and ask him to assign this task to demarcation department where other clerk may do the duty and submit in front of collector. 

 

2) You can have signature of collector so you point will be more strong.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

You can go to Civil Court and take a direction to the Tashildhar and if necessary take an order for appointment of Court commissioner for measurement.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You have to approach the commissioner court with an application for contempt of court against the Tehsildar for not obeying the court order.

Alternately you can approach high court with a writ petition against this

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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