• Cancellation of D-form patta due to non payment of land value

In the year 1980, the Special Tahsildar of Nilgiris District referring the letter of Revenue Divisional Officer, noticed my father that D-Form patta has been sanctioned in favour of my father. The  Special Tahsildar also directed to remit an amount of Rs. 3161 towards land value, tree value etc... within one month of receipt of the notice and take the delivery of the patta after remittance of the said amount. My father could not able to arrange the said amount. Meanwhile, the Revenue Divisional Officer had issued a show cause notice stating that the assignee has violated the condition of the Conditional Assignment grant and why the Conditional Patta should not be cancelled. Later the the Revenue Divisional Officer in 1983 through a letter cancelled the D-Form patta granted and requested to return the D-Form patta. The Revenue Divisional Officer further directed the Tahsildar to bring the encroachment under B.Memo. 

However, we are still cultivating the tea plantation in the said land and paying an amount every year. Please note that, the land is also falling under THE TAMIL NADU PRESERVATION OF PRIVATE FOREST ACT.

Kindly advice me a way forward to get the patta or protecting the land from any legal issues.
Asked 3 months ago in Property Law from Nilgiris, Tamil Nadu
Religion: Hindu
1) patta has been cancelled 33 years back .

2) B' memo viz., penal charges would be levied and received from the persons who are in encroachment of the Government properties. They cannot be considered as owners or persons in lawful possession.

3) t the maximum they will be entitled for a notice before they are asked to vacate the lands.

4)  it is doubtful that you would not be issued patta for the land 

5) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
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The patta has been cancelled due to your father's failure to pay the amount demanded by tahsildar. The revenue department can recover the possession of the land from you at anytime, to do this it does not require a court order. Your cultivation of the land does not revoke the cancellation. Apply to the tahsildar to revoke the cancellation of the patta on payment of penalty, if provided by the law. Consult a local lawyer for this as lawyers outside Tamil Nadu would not be knowing the special laws prevailing in TN.
Ashish Davessar
Advocate, Jaipur
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