Civil and criminal proceeding
Pardeep Kumar
(Querist) 19 December 2012
This query is : Resolved
r/sir,
A POK refugee is in possession of 15 kanal of state land for more then 30 year,from which 8 kanal is allotted to him for personal cultivation, now in Jan,2012 we file a declaratory Suit declaring plaintiff owner of 15 kanal land. Notice u/S 80 also serve before filing suit. Court grant status quo with respect to possion in Jan. 2012.
The concern Naib teshildar having eye on the part of land demand money from plaintiff but on denied by plaintiff the Naib Teshildar lodge an F.I.R against plaintiff for Criminal Trespass in Sep. 2012. The naib teshildar was also party in civil suit and served with Notice and summon but instead of appearing before civil court he lodge false F.I.R. as already in possession for long time.
please give me a appropriate suggestion.
thanking you
with regards.
Raj Kumar Makkad
(Expert) 19 December 2012
The revenue record establishing the long possession of the plaintiff over the suit land shall come in favour of the plaintiff.
it shall be better to approach High Court under section 482 and should get FIR quashed.
Pardeep Kumar
(Querist) 19 December 2012
thank you sir for valuable advise.
