• Compensation from the Revenue Department related to a Prohibited land

Hi Experts,

Please guide us in getting compensation for the below scenario from the Revenue Department.

I am a resident of Kurnool City, Andhra Pradesh.

One of my relatives (say Raju) got a High Court order in favour of prohibited land in December 2017. The same land was sold and registered (based on the High Order copy) to us in August 2018. In recent times, we came to know that the revenue department (sub-registrar, district registrar, district collector, M.R.O., R.D.O.) challenged the issued High Court order in February 2018 by stating that the land did not belong to the person (Raju) and requesting to cancel the earlier issued High Court order.

We got cheated by the landowner (Raju hid the fact that the Revenue Department challenged the earlier issued High Court order) and the Revenue Department (they went ahead and registered the land for us even though the department itself filed a petition in the High Court to cancel the earlier issued High Court order).

In this situation, we were looking for compensation from the Revenue Department for hiding the fact and registering the prohibited land for us. The landowner (Raju) is not in a position to repay the amount.

Please provide input on whether it's the right approach to deal with the revenue department regarding compensation for the damages incurred.

1. If yes, was any court case filed earlier regarding this sort of scenario?

2. Any chance to win the case?

3. Any court case number for a reference?

4. Is there any other approach other than filing a case in court to get compensation by directly approaching the revenue department (a district collector or someone)? If yes, please share your input.

Please share your valuable input.

Thanks and Regards
Sukumar
Asked 1 year ago in Civil Law

2 answers received in 30 minutes.

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8 Answers

Your remedy is against seller 

 

2) there must be indemnity clause in your sale deed wherein seller indemnified you in case third party claims are made 

 

3) you ought to have done due diligence before purchase of land 

 

4) seller has cheated you by selling land during pendency of appeal 

 

5) ask seller to refund your money and cancel the sale deed 

Ajay Sethi
Advocate, Mumbai
97496 Answers
7881 Consultations

1. The revenue department cannot be held liable for any compensation. 

You have taken sufficient precautions before buying the property. 

Moreover the property can be registered by sub registrar and not by revenue department. 

It is not known whether the appeal was disposed or allowed by high court. 

2. No possibility for even entertaining your complaint case. 

3. You can search in the internet. 

4. No compensation is maintainable 

T Kalaiselvan
Advocate, Vellore
87695 Answers
2355 Consultations

Revenue Department is under no legal obligation to pay any compensation which was sold to you by fraud and cheating made by Raju. It is your fault if you had not carried due diligence in respect of land. It is Raju who alone is liable to pay with all damages and interest etc. Report the matter to police. Further for cheating snd fraud no case for compensation is maintainable. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

Your remedy is against seller 

 

the fact that you only want to sue revenue department and not seller is suspicious 

 

no doubt revenue department ought not to have carried out mutation of property in your name 

 

but it is seller who cheated you 

Ajay Sethi
Advocate, Mumbai
97496 Answers
7881 Consultations

Repeated query. Pl. refer earlier reply.  It is reiterated that Revenue Department is under no legal obligation to pay any compensation which was sold to you by fraud and cheating made by Raju. It is your fault if you had not carried due diligence in respect of land. It is Raju who alone is liable to pay with all damages and interest etc. Report the matter to police. Further for cheating and fraud no case for compensation is maintainable. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

The registration due to the over work burden might not have noticed this issue before registering the document, besides there are corrupt registrars who take bribe from the brokers and blindly sign the papers.

In fact the sub registrars cannot be held liable for incorrect registration, therefore they cannot be blamed for this oversight error.

1. If you want to have any judgment to suit your situation yo can search for one through internet.

2. No case will be entertained by court even if you attempt to file one, it will be a waste of time, money and energy  

3. When such case is not maintainable then how can you get a court case number.

4. You better concentrate on what is to be done on this in furtherance instead of looking for some ways which cannot be enforced legally.

You can file a compensation case or cheating case against the seller instead of approaching the government authority.

 

T Kalaiselvan
Advocate, Vellore
87695 Answers
2355 Consultations

You can try your luck by filing writ petition in HC 

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

Dear client,  

Based on the scenario described, it appears that there was a lapse on the part of the Registration Department in registering the land for you despite having filed a petition in the High Court to cancel the earlier issued High Court order. In such a situation, you may be entitled to compensation from the Registration Department for the damages incurred.

To address your specific questions:

It is possible that similar cases have been filed earlier, but it would be best to consult a local lawyer who is familiar with the laws and practices in your area to get specific guidance.

There may be a chance to win the case against the Registration Department, depending on the specific circumstances of your case and the evidence you have to support your claim. Again, a local lawyer would be best equipped to provide guidance on the strength of your case.

Without more information about the specific High Court and registration details, it is not possible to provide a court case number for reference.

It may be possible to directly approach the Revenue Department (such as the district collector) to seek compensation, but it is advisable to consult a lawyer before doing so to ensure that all legal options are explored and the best approach is taken.

In general, it is important to consult a lawyer who is experienced in civil law to help you navigate the legal process and maximize your chances of getting compensation. They can guide you on the legal options available to you, help you gather the necessary evidence, and represent you in court if necessary.

 

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

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