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Land in possession for 25 years now khasmahal office asking to vacate
23-Jan-2023 (In Civil Law)
I am having 32 decimals of land in my possession by more than 25 years. This land is Khasmahal land and in 1989 we receive a letter from Khasmahal agency to deposit Rs. 5000/- as initial payment for bandobasty land. We deposited this amount in 1989 and after that there was no communication from either end. In 2013 we received a letter from Khasmahal office to surrrender this land. Please let us know the legal procedure to acquire this land as we have already filed a case at Jharkhand High Court.
have the angeny confirmed you the bandobasty .what all documents do u have
since 1989 have you got your name registered in CO office ..
need to see the documents then only exact procedure can be said.....
with regards
42+
Adv. Uttam Tibrewal
Ranchi | 200+ Answers
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Answer :- As per the Law, Government can not vacate the khash Mahal land if the possession is more than 25 years because it is apparent law with respect to Khash Mahal Land in which firstly we should have to remind the Government to continue to hold the possession of khash mahal land and should have to send the notice to the concerning Government under the Code of Civil Procedure, 1908 for continue possession of Khash Mahal land and that notice will be binding on the concerning State Government to accept your contention for possession of such land that is clearly elaborated in law. . further, if concerning department of State Government will not accept your notice then we should the file in Civil Court lower division for possession.
As per my opinion, right now Hon'ble High Court is not proper platform to file the writ petition against the State for possession of Khash Mahal land because we are leaving the Learned Lower Court platform where we can seek for possession of such land.
My personal view on the above question is that if we have the opportunity for filling in Cicvil Court Lower grade in a proper manner then why I will opt the platform of Higher Court. We need to know and follow the law of settlement of Khash Mahal Land in proper manner. If Civil court, Lower dision will not give relief in your favour then we should move to Hon'ble High Court. Suppose, if we have filed the case before Hon'ble High Court and the Hon'ble Court dismissed your petition then it will be very difficult for you to restore the case so it will be better for you to fill a case in Civil Court Lower division of competent Court for possession of such land in proper manner.
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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