If you are stuck in such a situation, here is what to do.

Mr. Ajay Kumar’s family, residing in the town of Vishnupur, has owned a piece of ancestral land for generations. However, due to outdated and unclear survey sketches from around 2016-2018, they were unable to precisely identify their property in the official land records. In 2021, when the records were updated with new, clearer maps, they were shocked to discover that their ancestral land was registered under the name of a completely unrelated individual, Mr. Vinod Sharma. The situation took another turn when they found a Mutation Register (MR) entry from 2019. This MR entry clearly stated that a court order had been passed to remove Mr. Sharma’s name from the Record of Rights, Tenancy, and Crops (RTC). Despite having this crucial MR copy, the Kumar family has been unable to locate the actual court order. They are now in a difficult position, holding a reference to a favorable court order but not the order itself, which is essential to formally reclaim their land.

Advice in such cases

Navigating the complexities of land records and court orders can be daunting. If you find yourself in a situation similar to Mr. Kumar’s, here is a structured approach to take:

• Analyze the MR Copy: The Mutation Register (MR) copy is your starting point. Scrutinize it for any details such as a case number, file number, the name of the court (e.g., Tahsildar Court, Civil Court), and the names of the parties involved. These details are crucial for tracing the original court file.
• Visit the Relevant Court/Office: Based on the information from the MR copy, identify the court or revenue office that passed the order. This is typically the office of the Tahsildar, Assistant Commissioner, or a local Civil Court. Visit their record room or administrative section.
• Application for Certified Copy: You will need to file a formal application to obtain a certified copy of the court order. This application should mention all the details you have, especially the information from the MR copy. There is a nominal fee for this service.
• Check Online Portals: Many courts in India have digitized their records. Check the official e-Courts services portal or the website of the specific state’s High Court or Revenue Department. You might be able to find the order by searching with the party names or case number.

Applicable Sections of Law

Disputes related to land records are primarily governed by state-specific revenue laws and central procedural laws. The police and criminal laws have a limited role unless specific criminal acts are involved.

• State Land Revenue Code: Each state has its own Land Revenue Act or Code (e.g., Maharashtra Land Revenue Code, 1966, or Karnataka Land Revenue Act, 1964). These laws govern the maintenance of land records like the RTC and the procedure for mutation entries based on court orders or transactions. Sections related to the correction of entries and appeals are most relevant.
• Code of Civil Procedure, 1908 (CPC): The CPC lays down the procedure for all civil proceedings in India. Rules pertaining to the issuance of certified copies of judgments and orders are contained within the CPC and the respective court’s Civil Rules of Practice.
• The Indian Evidence Act, 1872: This Act specifies which documents are admissible as evidence in court. Section 76 deals with certified copies of public documents, making the certified copy of a court order a valid and admissible piece of evidence.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Criminal laws like the BNS would typically not apply to a procedural issue of obtaining a court order. However, if it is discovered that the incorrect entry in the land records was a result of forgery, cheating, or criminal conspiracy, then relevant sections of the BNS could be invoked in a separate criminal complaint.

If you are the complainant

If you are the one seeking to find and enforce the court order, like Mr. Kumar, you are the complainant in this procedural journey.

• Organize Your Documents: Gather all related paperwork, including the MR copy, any available RTCs (old and new), property tax receipts, and ancestral documents. A well-organized file is critical.
• Draft a Clear Application: Your application for the certified copy must be precise. Clearly state the purpose and provide all known details to help the court staff locate the file efficiently.
• Follow-Up is Key: Bureaucratic processes can be slow. Regular and polite follow-ups with the administrative staff of the court or revenue office are often necessary to ensure your application is processed.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the person whose land has been wrongfully recorded in another’s name, you are the victim of an erroneous record entry.

• Act Immediately: The moment you discover such a discrepancy, you must act. Delays can sometimes complicate the matter.
• File an Application for Rectification: If there were no prior court order, you would need to file a formal application or suit before the competent revenue or civil court for the correction of the land record.
• Enforce the Existing Order: In a case like Mr. Kumar’s, where a favorable order already exists, the primary goal is to obtain that order and present it to the revenue authorities (like the Village Accountant or Revenue Inspector) to update the RTC and other records.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is important to understand that land record disputes are civil in nature. The police have a very limited role and will generally not intervene. If you approach a police station, they will likely direct you to the revenue department or the civil court, as they do not have the jurisdiction to alter land records or adjudicate on property ownership. Police involvement only becomes necessary if a specific criminal offense occurs, such as forceful trespass, assault, intimidation, or if there is a court order directing them to maintain peace and order at the disputed site.

FAQs people normally have

Here are some frequently asked questions in such situations:

• What exactly is a Mutation Register (MR) or a ‘Pahani’?
  

  The Mutation Register is a record maintained by revenue authorities that documents the transfer of ownership of a property. When a property changes hands, a mutation entry is made. This entry, once certified, is used to update the main record, the RTC (also known as ‘Pahani’ in some states).

  
  
• What if the court order is truly lost and cannot be found in the records?
  

  This is a challenging but not insurmountable situation. Your lawyer can file an application in the same court for the reconstruction of the case file. If that is not possible, you may need to file a fresh suit in a competent court, seeking a declaration of your title, using the MR copy and other documents as evidence.

  
  
• Can I get the court order online?
  

  Yes, for many recent cases, it is possible. You can check the e-Courts portal (ecourts.gov.in) or the specific websites of the state revenue department or High Court. However, for older orders, especially from lower revenue courts, a physical visit to the record room is often required.

  
  

What evidence is required?

To find the court order, the most crucial piece of evidence is the MR copy itself. Any additional information like the approximate date of the order, the names of the parties, and the name of the presiding officer can be very helpful. For the underlying land dispute itself, you would need evidence like ancestral sale deeds, partition deeds, survey maps, old land revenue receipts, and witness testimonies to prove your ownership.

How long will the investigation take?

The process of finding and obtaining a certified copy of a court order is not an “investigation” in the criminal sense. The duration depends on several factors: the age of the order, the accuracy of the information you provide, and the efficiency of the particular court’s record-keeping system. If the records are well-maintained and easily accessible, you might get the copy within a week or two. However, if the records are old or disorganized, it could take several weeks of persistent follow-up.

Advocate Sudhir Rao, Supreme Court of India