Disciplinary action would be taken by district collector against the tehsildar for his negligence
2) he may be suspended from
service after inquiry
Wrongly prohibited survey no.
In AP Nellore mandal thahasildar wrongly sent orders to prohibit my survey no instead of one Defaulter under Revenue recovery act by this blunder it caused crores of rupees loss to Govt.of Ap.The defaulters property is actually in rural area but mine is in urban area. The mistake is that survey no. and mine is the same but revenue villages are different.There thahasildars negligency is evident on record . So, what action I can take by proceedure? Please enlightenm me.
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
1. If the order passed is meant for you and it has been due to wrong revenue number recording then it can be corrected if the mistake is brought to the notice of the office concerned.
So make a written presentation to the department which issued the order and inform its mistake and apply for tis correction.
If the same is not done then file a writ petition which would remedy your grievances.
You can challenge the said wrong orders before appellate authority or court and get it best aside
File Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondent to conduct survey and to mark boundaries.
Dear
You can make a complaint in written to district collector he can order an inquiry and if the order is issued with malafide intentions to save the real defaulter then Tehsildar can be suspended fr his office and other disciplinary actions can be taken against him.
1. A suit for declaration can be filed in the competent civil court to declare the order of Tehsildar as void.
2. During the pendency of the suit you should seek temporary injunction to restrain the authorities from taking any coercive steps in pursuance of the order so passed,
1. Move proper application before the district collectors office, annexing proper documentary evidences and request him to direct orders for rectification of the prohibitory order /notice.
2. IF the above is not successful, THEN you will have to move the Civil Court, to set aside the prohibitory order /notice.
You file a mandatory injunction suit agaisnt the Tahsildar for this blunder mistake pointing out the same with documentary evidence.
If you suffered any loss due to this then you may claim the same in the suit pleadings itself.
- As per the information mentioned in the present query, makes it clear that your number has been mentioned wrongly by the negligence of the Tehsildar.
- I would like to inform you that you can also file a suit for damages if any has happened to you before he civil court of law.
- Otherwise, would suggest you to first give a representation to the Tehsildar to rectify the mistake as soon as possible otherwise will have to approach the court of law before the Hon’ble High Court Under Writ Jurisdiction other than the civil suit too.