Can govt claim pattaya land which has been alienated and multiple conveyance deeds registered subsequently. Can the govt deny mutation on alienation ground after 25 years and deny the current tittle holder resurvey mutation? Does Registry Rules have any significance here ? This is despite two High Court orders in favour of the petitioner! Can the tittle holder sell / mortgage his tittle & posession without a tax receipt as govt has taken a backdoor entry to claim the property using resurvey records despite the settled fact that ' resurvey is not a conclusive evidence ? Is Record of Rights more important than tittle?
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Can Govt claim tittle of the property by virtue of an erroneous Resurvey record when the property was alienated by the pattaya land holders and subsequent tittle deeds registered under the registration Act . How can government deny resurvey mutation in favor of the tittle holder when non encumbrance certificate for 30 years is issued in favor of the tittle holder by the Registration Dept? Why are government officials turning a blind eye to the rulings of Hon High Courts & Supreme courts that have in a catena of rulings stated that Tittle is supreme irrespective of mutation entries. Can Govt claim tittle on the land merely on resurvey records? Can the tittle holder mortgage / sell his tittle and posession without a tax receipt? Who is responsible for flouting the registry rules?
You need mutation of land in your name to sell ,mortgage the land
2) registered sale deed confers tithe to property
3) mutation is necessary for payment of property taxes
4) if HC has passed orders on your favour take out contempt of court proceedings against registrar for refusing to carry out mutation of land in your favour
In the instance of 1st order, the Tahsildar recommended eligibility for mutation and forwarded to land board for orders. Land board / Govt just sat on it for almost 3 years and did nothing. Subsequent order asked the govt to consider the request in 2 month after affording a hearing. Unfortunately, the petitioner was not in country when summoned for the hearing and therefore the Govt assumed that he has nothing to submit and closed the file without considering the merits of the case. Subsequenty, petioners appointed a POA holder to attend the hearing who submitted to the revenue minister to condone the delay and allow facts to be presented. Subsequent to which facts and copies of tittle deeds were submitted by the the POA holder to the govt which were also vetted by the Tahsildar. Unperturbed are the officials who are yet to respond to the grievance even after 2 years to the hearing. Does that mean the court order is no longer binding as govt claims to have technically complied with the order. Can they summon the POA holder for the proceedings of the court order but stay muted subsequently under the garb that they have issued the order once.
Govt cannot claim title merely on basis of resurveyed records
if mutation is denied file writ petition in HC to direct authorities to carry out mutation of land in your favour
Seek court orders to direct govt authorities to pass orders on your representation made
take the plea that 2 years have passed but till date no decision taken
No it can't you can approach High court under writ petition for seeking reliefs against government
If the government has issued a notice for repossessing the allotted land then the allottee can very well establish his possession and enjoyment of the same and claim declaration of title to his name on the basis of the supporting documentary evidences in his possession.
Besides, if the government department is refusing to survey the property and not accepting the application for survey, then you can prefer an appeal before district collector seeking to redress his grievances in this regard.
If that is also not fetching any remedy then he can approach high court with a writ petition seeking direction to the concerned authorities to do the needful.
If there is a dispute regarding title then a suit for declaration of title would be next option with an applicator directing concerned registrar/tehsildar to mutate the proeprty accordingly after the title is declared in favor of the plaintiff.
Basically it is a government land. The original owner did not buy the property but he was allotted with the land under a scheme by government.
Therefore it is a patta land and not a land acquired by a registered deed.
If there was a mistake on the part of the government while allotment or if the mistake of survey number or wrong allotment was noted at a later stage, government has full rights to repossess or take actions to retrieve the land , especially if it is not falling within the laws of adverse possession to the allottee.
Your contention about catena of rulings with regard to title by revenue records will not be applicable to this situation, because the owner acquired title by revenue records only and not by a registered deed.
However this opinion will not restrict you from pursuing the matter legally.
You can explore the legal possibilities to get the desired relief and remedy to this.
You may consult an experienced lawyer in the local and proceed legally against the authorities concerned as per procedures of law tht would be applicable to this situation.
What is the case filed before court and what was the orders that have been passed by the court?
If the authorities concerned are not obeying the court order you re entitled to file an execution petition or even a contempt of court petition against the authorities for not obeying the court orders.
Since your matter is bit complicated, because it is not known what exact actions that you initiated and the present status of your matter and whether the legal proceedings are still pending before a civil court of law, it may not be possible to render any proper opinion based on the information what you have furnished here, because they are devoid of actual details.
You may better consult your own advocate on all such issues or revert with proper details for getting more clarifications/opinions.