Encrochment
sanjay
(Querist) 21 November 2012
This query is : Resolved
MY FRIEND PRAKASH UKIDVE OWNS A LAND IN OUR VILLAGE BEARING C T S NO 135 AREA 350 S.Q.M. FROM LAST FOUR DAYS ONE OF THE LOCAL LEADER HAVING MUSULE AND POLITICAL POWER STARTED A CONSTRUCTION WORK ON THAT PLOT. WHEN PRAKASH TRIED TO OBJECT THIS THEY HAVE BITTEN HIM AND TOLD HIM TO GO AWAY ALSO WITH LITTLE PAYMENT OF PRICE WITH THREAT IF YOU WANT TO ACCEPT, ACCEPT IT OR GET LOSS. HE RUSHED TO ME WITH MY LITTLE KNOWLEDGE I ADVICE HIM TO FILIE FIR IN POLICE STATION BUT THEY REFUSED TO ACCEPT THE COMPLAINT STATING IT IS CIVIL MATTER YOU GO TO COURT FOLLOWING TIME CONSUMING PROCIDURE OF COURT CONSTRUCTION MAY BE COMPLITED. IT WILL BE DIFFICULT TO FIGHT FOR HIM TO REMOVE THE CONSTRUCTION. PLOT WAS VACANT BEFORE ONE MONTH, IN RECORD OF RIGHTS HIS NAME IS RECORDED FOR THAT PLOT BECAUSE HIS HOUSE WAS THERE AT THE TIME OF SURVEY IN 1986. NOW FOR JOB HE IS STAYING AT NEW GAOTHAN AREA. SUGGEST REMEDY URGENT WHICH LEGAL PROCIDURE HE SHOULD FOLLOW.
Devajyoti Barman
(Expert) 22 November 2012
For immediate action file a criminal case of criminal intimidation, threat and extortion.
Since Police is refusing to accept FIR, file petition u/s 156(3) of crpc.
Then file a civil suit of declaration and injunction.
Raj Kumar Makkad
(Expert) 23 November 2012
As the police has refused to take any action on the application so it is better to file a criminal complaint in the Court under section 200 of Criminal Procedure Code.
