by Shivendra Pratap Singh | Dec 26, 2024 | Property Dispute
Alteration in gata without notice. I was not informed about the changes in my gata and was not included in the revision process, which I believe is fundamentally unfair. My neighbor took the initiative to submit a revision to the Deputy District Director of Consolidation in Ayodhya without my knowledge or consent. This move resulted in the Deputy District Director ordering the transfer of part of my gata, a decision that holds significant implications for my property rights and future stability. This decision affects me deeply because when I subsequently appealed to the Settlement Officer for Consolidation to contest this unwarranted action, my appeal was dismissed outright. The grounds for this dismissal were that the gata number had already been altered by the DDC, thereby rendering any further changes impossible. This situation has left me feeling helpless as this was the only reason given for my appeal's dismissal, suggesting that my voice and concerns were overlooked.
It is disheartening to note that my gata comprises a minjumla account with sixteen tenure holders, indicating a shared responsibility and collective rights over the land. One of those tenure holders, who has been particularly insistent, expressed a desire to transfer his gata number 1298/2 to 397. In his pursuit of this goal, he decided to file a suit with the consolidation officer, only to come away empty-handed without any relief or resolution. Frustrated by the lack of progress and perhaps feeling a sense of urgency, he went ahead and appealed, but he did so without including me in the process, which I see as a significant oversight.
Compounding matters, when a nali was marked on his gata 397—an indication of some official recognition—he seized the opportunity to file a revision to the DDC, naming only the State of Uttar Pradesh in his revision, thus excluding all other relevant parties, including myself. The DDC, in a ruling that has left me feeling sidelined, ultimately decided in his favor, announcing that the nali had been exchanged for gata number 1298/2. Now, I find myself unhappy and disturbed by the DDC’s order, feeling as though my rights have been trampled upon.
In the wake of these events, some people have advised me to take legal action by filing a writ petition in the High Court to seek justice. However, I am now left pondering what my next steps should be in order to rectify this situation and regain my stake in my gata.
Asked from: Uttar Pradesh
The District Deputy Consolidation officer has committed grave error while deciding the revision petition. According to section 48 of the Uttar Pradesh Consolidation of Holding Act, it is mandatory to serve a notice to all affected person to represent in the revision petition. Your gata has been altered by the order of DDC passed in revision. You got no notice from the DDC which strikes at the root of the case. It is settled law that gata cannot be altered or amended more than one.
You should prefer a writ petition in the High Court for setting aside of the order of the revisional court. Your right has been curtailed by the erroneous order and also you have no remedy except the writ petition. In the writ petition you have to prima facie prove your grievance. If the court finds that alteration in gata is without your notice, the court may quash the order of the DDC. You have to prove that your grievance is genuine which must be considered by the SOC.
Also read: Basic features of consolidation
by Shivendra Pratap Singh | Dec 17, 2024 | Armed Forces Tribunal
AFT passed the wrong order of disability pension and granted me a 20% disability pension for two years only. Whereas I was 50% disabled and as per NANA I am entitled to get pension for life, therefore filed an OA in the Armed Forces Tribunal Lucknow. That case is challenged on the maintainability. The UOI said that case is not maintainable.
Asked from: Uttar Pradesh
It appears that you previously filed an Original Application before the Armed Forces Tribunal (AFT) and received a favorable order. However, you are now dissatisfied with the order that AFT passed the wrong order of disability pension.
If your disability was caused or aggravated by military service conditions, the disability percentage should have been set at 50%. Based on this, you would be entitled to receive a lifelong pension.
Recently, you filed another Original Application, seeking a declaration that your disability percentage be set at 50% and that you should receive a pension accordingly. However, it is important to understand that if the same issue has already been adjudicated by the tribunal in the past, you cannot file a new case on the same grounds. This is because of the principle of res-judicata, which prevents the reopening of a case that has already been decided.
In this situation, the appropriate course of action would be to withdraw your current Original Application and instead file a modification application. If you believe you are entitled to a lifelong pension, you should seek a modification of the existing order passed by the AFT, rather than filing a new case.
You still have an opportunity to seek the modification of the original order. There is no need to file a completely new Original Application. The objection raised by the opposite party, asserting that your current application is not maintainable, is valid. The AFT is likely to dismiss your case on the grounds of maintainability, given that the issue has already been adjudicated.
Also read: My husband's second wife claiming right to residence in my own property
by Shivendra Pratap Singh | Dec 17, 2024 | Domestic Violence
Husband not permitting me to live with him even after decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act. My husband filed a divorce case on the ground of cruelty and mental disorder. In the same court I filed a case for restitution of conjugal rights. I won the case, my husband was denied entry into the matrimonial home. Now three years have gone. We both are living in Bangaluru but I live in a rental apartment. He also does not give rent of that flat. I am working in a hospital but my husband is a good businessman. As I know from reliable sources his annual income is about fifty lakh. In this situation what action should I take to live with him. He is also planning a second marriage. That's why my husband not permitting me to live with him.
Asked from: Karnataka
You should file an execution application in the same court that passed the decree of restitution of conjugal rights (RCR). Since three years have already passed, a delay has been caused in executing the decree. Therefore, you should file the execution application as soon as possible.
You mentioned that your husband is not allowing you to live with him even after the decree of RCR. In this situation, he is also committing domestic violence against you. You have the right to reside with him and enjoy the same standard of living as your husband. By keeping you away from your matrimonial life, he has committed economic, mental, and emotional abuse.
You can file a complaint under Section 12 of the Domestic Violence Act to seek a residence order, protection order, monetary relief, and compensation for the monetary loss you have suffered. You can claim relief under Sections 18, 19, 20, and 22 of the DV Act.
It is important to note that you can file the execution application and the Domestic Violence complaint simultaneously. The cause of action for both proceedings is distinct, so they can proceed concurrently. The Domestic Violence case will provide you with effective relief. Protection orders will safeguard you from any future violence or physical abuse, while a residence order will allow you to live peacefully in the matrimonial home.
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by Shivendra Pratap Singh | Dec 17, 2024 | Domestic Violence
Second wife got a residence order under Domestic Violence case and now claiming the right to live in my house. My husband contracted a second marriage and I did not know this fact until the order of the court. When that lady came to my house and tried to get entry in my house forcefully then I came to know about the second marriage of my husband. This is my property because my father gifted this house to me at the time of marriage. My husband has no right in this property. Sir, in this situation how do I protect my property and my life because she got residence order?
Asked from: Uttar Pradesh
It appears from the facts that the proceedings before the trial court were conducted without making you a party. As a result, you have no information about the trial court’s order. Your husband has entered into a second marriage, which is both illegal and constitutes the offense of bigamy. However, that is a separate matter. Here, we are discussing the residence order passed by the court.
The house in question was gifted to you by your father at the time of your marriage. It is your self-acquired property as well as your streedhan. That second wife has never resided in this house; thus, she can't claim it as a shared household. In this circumstance, the residence order passed by the court is null and void.
In this situation, you must file an appeal under Section 29 of the Domestic Violence Act. Every order issued by the trial court in Domestic Violence cases is subject to appeal. You were not made a party to the case. Even so, you are the most affected person if that order is enforced.
Therefore, you need to seek leave from the appellate court to challenge the validity of the order. It is likely that the court will grant you leave, as you are a necessary party in this matter. Your husband's second wife got residence order by suppression of facts.
You should immediately file an appeal in the sessions court. The limitation period is thirty days from the date of the order. You were not a party to the original case. Therefore, the limitation period will be calculated from the date you became aware of the order.
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by Shivendra Pratap Singh | Dec 14, 2024 | Criminal Matter
Court is not providing copies of statement recorded under Section 164 crpc. I want to file a quashing application in the High Court. But due to not having copies of statements unable to proceed in high court.
Asked from: Uttar Pradesh
If the court has taken cognizance of the offence based on the charge sheet and issued a summons to the accused, it becomes the court's responsibility to provide the accused with all documents submitted by the investigating officer along with the charge sheet.
Conversely, if the court has not taken cognizance of the offence, it is not obligated to deliver any documents to the accused. In such a scenario, the court may appear not to rely on the charge sheet. It is also possible that the court considers further investigation necessary to address unresolved areas of the case.
At this stage, the court is not bound to issue process, as the issuance of process occurs only after cognizance is taken. Therefore, until cognizance is taken, the accused cannot compel the court to provide copies of the victim's statements.
You should consult with your advocate and inspect the file specially to see whether cognizance has been taken by the court or not. If the court has taken cognisance and issued a process against the accused, you may move an application to the District/Session Judge that court is not providing copies of statement recorded under Section 164 crpc. The district/session judge shall take proper action against that judge.
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