• Can a tahsildar pass evacuation order

Tahsildar issued a evacuvation order to police based on one false tresapass compliant given by our neibouring land owner to grab our land.

There is a 136(3) case is pending with DC court in the entire survey no.

My question is tahsildar can issue such orders.?
We have not got any notice  and suddenly police came and evacuvates from  our land where we are there from several decades.
 
Then we approached high Court and High court has issued emergent notice to tahsildar

Kindly advise.
Asked 7 months ago in Civil Law from Bangalore, Karnataka
no man can be condemned unheard . Tahsildar ought to have carried out investigations , granted you hearing before passing any order 

impugned order passed by Tahsildar would be set aside by courts 
Ajay Sethi
Advocate, Mumbai
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Tahsildar has executive powers to issue such order but the order can be assailed before the civil court through a suit for injunction. If there is a question of title involved then it is outside the province of tehsildar to order eviction as it can be decided only by the civil court. Since you have already moved the High Court you should prosecute your case on merits. The HC can set aside his order. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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The order is palpably bad and hence it can be set aside by filing revision in sessions court.
Alternatively writ petition can be filed in high court to quash the order.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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The Tahsildar cannot pass any such order without giving a notice to the occupants and without making a proper enquiry into the subject.  If the Tahsildar has done this illegal act, it means he has been corrupted by the opposite party.  Since you have already approached high court for this,l better obtain stay of all the proceedings of the Tahsildar and then file an injunction suit in the civil court agaisnt the Tahsildar for restraining them from indulging into such illegal acts. 
T Kalaiselvan
Advocate, Vellore
14150 Answers
127 Consultations
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tehsildar can report this act of nuisance under section 146 of crpc but actual order shall be passed by the collector. if you have been evacuated from your own land you can adduce all the relevant documents to the collector and concurrently you can also file a case under section 5 & 6 of the specific relief act against dispossession.  
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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1. what are all parameters court will consider for quashing the FIR under 482 crpc.

There are no parameters for considering the quash petition , it is based on the merits of the case.




2. what grounds we need to high light in our writ petition for seeking to quash the FIR. 

The grounds and reasons you rely upon on which you preferred this quash petition should be highlighted.




3. In case If court asks what is the urgency in quashing the FIR as we have already taken the bail and then reject our Writ what to do ? 

If the high court rejects the quash petition you may have to chllenge the case in the trial court only.




4. what questions court may ask at the time of taking the FIR quash writ.

Court will not ask any question, you only have to satisfy the court by presenting your problems properly to convince the court.

T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1, You are on the right track by proceeding for quashing. The HC will see if if the offence is made out prima facie or or nor. 

2. Leave it to your lawyer to decide the grounds to be taken as he has read the FIR. We have not read it.

3. The court will not ask you about the urgency of quashing.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) if allegations made in complaint do not disclose commission of offence HC would quash the complaint 

2) Exercise of power under Section 482 Cr.P.C. is the exception and not rule – Inherent jurisdiction of High Court under Section 482 Cr.P.C. may be exercised To prevent abuse of the process of Court.
To otherwise secure the ends of justice.

3) the High Court, under section 482, does not conduct a trial or appreciate evidence. The exercise of this power  is limited to cases that compel it to intervene for preventing a palpable abuse of a legal process.
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0

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