I am facing a significant property dispute where land I have owned and possessed for over 40 years is now being claimed by the Endowment Department. Here's a summary of my situation: I acquired the land through a purchase agreement in the early 1982 from individuals who were the original recognized holders of this type of land. Crucially, in the late 1998, the local Revenue Officer (MRO), following official instructions under the Record of Rights (ROR) Act, instructed me to pay stamp duty and subsequently issued a Title Deed and Pattadar Pass Book in my name for this land till 2010 I have mortgaged this land and taken loans from bank. In 2016, the Endowment Department has included my land in a prohibited transactions list (similar to a 22(A) list) claiming it's an endowment property. The original government land record (Re-Survey and Re-settlement Register - RSR) for my land shows private individuals as the Pattadars (recognized owners). The "Remarks" column in this RSR states "Charitable," but it DOES NOT state "Unconditional Dedication (U.D.)" or name a specific public institution as the owner. When I applied to Endowment department seeking clarification on the same in 2020, the Endowment Department officially confirmed that my land was NOT entered in their statutory Register No. 43 (which lists endowment properties) and Said as per RSR it is remarked as Charitable (Dharmadhaya) However, shockingly, on September 26, 2023, they unilaterally entered my land into Register No. 43. This sudden change, without any prior notice or apparent inquiry given to me. An adjacent piece of land, originally held by the same individuals as per RSR as my land, was officially converted to private Ryotwari land under the Inams Abolition Act, and a Form 8 was issued for it. The MRO's issuance of a Title Deed and Pass Book to me in 1998, after checking relevant records, shows that the Revenue Department (the primary land record keeper) recognized my private ownership and I have been in peaceful, continuous, and open possession of this land for over 40 years. The Endowment Department has also indicated they do not possess the original Inam Fair Register (IFR) for my specific land. What is the best legal strategy to challenge this recent Register No. 43 entry, especially considering the department's own prior communication from 2020 and the apparent lack of due process (no notice/inquiry to me)??
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file writ petition in HC against decision of endowment department including your land in prohibited transaction list
2) rely upon confirmation issued by ED that your
land was NOT entered in their statutory Register No. 43 (which lists endowment properties)
To challenge the recent, unilateral entry of your land into Register No. 43 by the Endowment Department, follow this legal strategy:
File a Writ Petition in the High Court under Article 226, citing violation of natural justice (no notice or hearing), and seek:
Quashing of the September 2023 entry in Register 43.
A direction to restore your name in revenue records as per your valid Title Deed and Pattadar Pass Book.
Submit prior proof:
2020 reply from Endowment Dept confirming your land was not in Register 43.
Title deed, pattadar passbook, bank mortgage records.
RSR showing no clear dedication or temple ownership.
Argue possession + due process: You’ve held the land peacefully for 40+ years, and the 2023 inclusion violates principles of natural justice and lacks evidentiary basis (no IFR, no UD mentioned).
This approach gives you strong legal grounds to get the recent entry cancelled. Let me know if you want a draft writ petition format.
Writ petition is the speedy and effective remedy in the said matter
Dear Sir/Madam,
You are suggested to write an application to the endowment department to free-up your land from their action and deletion of entry from the register 43. If the same is not done in one month, or if the department refuse to do the same, approch the high court in writ jurisdiction praying the direction for endowment department to stop the illegal action and deletion of entry in respect of your land in register 43.
You have two options,
The first one being filing a civil suit for
a) declaration of title on your name on the basis of the basis of the Title deed and pattadar passbook issued on your name by the revenue department,
b) Mandatory injunction to direct the Endowment department to remove the entry reflecting land as endowment proeprty in their in their register especially for having done it without following due process of law,
c) permanent injunction against the endowment department to restrain them from interfering in your possession and enjoyment or trying to forcibly evict you other than by due process of law;
The Second option is to file a writ petition against the endowment department seeking the remedy and releif of removing the entry of your land in their register and to restrain them from forcibly evicting you as well as for stay of all the proceedings in this regard.
You can discuss with yor advocate and proceed as suggested
