Criminal complaint against the member of st community
UTTAM SINGH NEGI
(Querist) 24 June 2014
This query is : Resolved
Dear Experts,
Please note that around 12 years back, my late father purchased around 1/5 bigha of land in Dehradun on my name from a member of ST community. At that time, it was not known to us that the land belonged to ST community since the deal was done through our distant relative (that relative is now no more in this world). However, his son and daughter was witness to the deal. The deal was signed and stamped by local gram pradhan. Now, recently, we came to know that land purchased by my father does not either belonged to that ST member. Rather, it seems to be a govt land. Also, the said area of land was sold to different peoples. Now, I wish to file a criminal complaint against that member of ST community in Uttarakhand. Is it possible to file criminal case against that member and my distant relative under IPC along with the law of torts.
Dear experts, please suggest the legal remedies. It may be noted that Justice J. S. Khekar and Justice H. G. Ramesh in Writ appeal no. 512/2011 (SC/ST) (Karnataka High Court) has directed the competent authorities to file criminal case against the member of SC/ST communities involved knowingly in alleged transfer of land to non-SC/ST community.
Should I feel the case with the revenue authorities of the district or file the case in district court or should I file the writ petition in high court. Please suggest appropriately.
Regards/U. S. Negi
PS: Dear Experts, please note that a large land bank in particular area has been sold to the members of Non-ST community and many educational trusts neglecting the SC judgement that SC/ST land cannot be sold to non-ST/ST community or companies. Moroever, it is suspected that many land has been purchased by these so called trusts and educational institute through the medium of ST community. It is very likely that revenue authorities may be involved in this game. I have seen the land papers of a member who is a member of non-ST community but he has purchased the land from ST community and he had got that land registered with the sub-registrar office although the land purchased from SC/ST community cannot be registered in the name of non-SC/ST community.
Kindly suggest the suitable legal remedies. Should I file the writ of mandamus directly to Supreme court or high court so that suitable actions be taken against the erring persons against the law of torts. Please guide.
Devajyoti Barman
(Expert) 24 June 2014
Filing of writ petition for mandamus writ is appropriate action.
P. Venu
(Expert) 25 June 2014
Your father had purchased the land without proper conveyance. No civil remedy appears to be possible as far as the sale of land to your father is concerned.
Rajendra K Goyal
(Expert) 25 June 2014
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 27 June 2014
Criminal complaint at this belated stage may not sustain, however, as an aggrieved party, you may approach the local police station with a complaint about cheating against the person who sold the land to your father as a legal representative of your late father. If police is refusing to take your complaint or totally ineffective on your complaint, you may approach the magistrate court with an application u/s 156(3) of Cr. p.C seeking the relief. You will then come to know that if your complaint will lie or not.
