Overwriting in Register-II and rejection of application for mutation Overwriting in Register-II and rejection of application for mutation

9 months ago

My wife had purchased 8 dismal land in Banka district of Bihar. She applied for mutation online. Circle office rejected her application by giving remarks that Rakba(area of land) is 7 dismal i.e. less than that of applied for mutation.
After that, she applied for Parimarjan (rectification) online as usually a second course of action. This application was kept pending for 8 months then I complained about this matter to lokshikayat (Public grievance) portal of Bihar. Then circle officer replied that there is overwriting in details of land in register-II. When I approached District Public grievance redressal officer as the first appeal, She did not hear my issue seriously. She did not try to find, who was blameworthy for this incident rather she directed me to approach ADM court for correction in this register.
Though I do not have sufficient evidence of the practice of bribery and corruption yet I can tell that it is an indirect way of corruption. If anybody doesn't pay any type of bribe then he can overwrite official documents and compel a citizen to go through the court with long duration solution. Since custodian of register -II, is circle officer or any other delegated personnel of circle office. It was their responsibility to safeguard this register. Even so, mistakes might be happened by any human, then he might rectify concern details by tallying with other documents i.e. Malguzari rasid, deed, etc. I am serving in Force at the international border of India. I have approached DCLR & DM personally for their attention to my grievance but there is a lack of system in Bihar. In negative words, it can be said that there is a dictatorship of administrative officers in Bihar. Almost offices deny giving acknowledgment of any application, whereas it is an instruction for all offices to give acknowledgment immediately with a clear name and office stamp.
I am aggrieved by the intentional overwriting committed by circle office and restricting me to get citizen service for more than 2 year whereas nobody told me about my mistake.
Hence I want to file a case against the circle officer for tampering the important document with malice and depriving me of adequate citizen service for more than two years. Please suggest me that -
1. Should I file a case against the Circle officer or not?
2. Due to the mistake of the department, I could not construct a building on that land and I had to live in a rented house for two years. In this, I was defamed and lost money, as well as suffered mentally, so can I file a defamation case?
3. An example was presented by the department that if a citizen does not act according to them, then he will have to visit the court without any mistake. So can it be filed as a case of indirectly promoting corruption?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,

When you uploaded for mutation or recertification in the quantity of land through online mode to the concerned authority, you might have uploaded a copy of the land deed, land map, and other relevant documents required for the purpose. When any overwriting or tampering of the quantity of land is not noticed in the original land deed and map which is under your possession, in the prevailing situation, you may file a suit against the concerned authority before a competent Court praying for forensic investigation of the documents/records lying with the public authority who reported overwriting or tampering of the records to access the veracity behind the said report on the basis of which your applications were delayed and rejected. You may seek the desired information invoking Sec.6(1) of the Right to Information Act, 2005 by making an application u/s.6(1) of the Act seeking the desired information from the concerned public authority who is the custodian of the land records which is required to be responded within 30 days of from the receipt of the Application sent by registered post as per Sec.7(1) of the Act. Reach out to an Advocate for guidance and steps in the matter.
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Anonymous

Replied 9 months ago

Thanks a lot for your valuable suggestions and advice with facts and references.

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