jakkireddysureshreddy (Education) 10 August 2018

Encroachment of a part of agricultural land

Respected Advocates,

One of the ST Persons had encroached some part of my agricultural land.And he says that , it is his land.And when i ask him to come at the time of measurement of the land , he is not coming during measurement.And he is saying that , he will file SC-ST Case against me.And even the Revenue people are scared of him.And he is not having any documents for the land.He is trying to scare me by taking SC-ST case as advantage.Now what should i do?Can i file a civil suit in the civil court for PERMANENT INJUNCTION ORDER.And if i file any relief will be there or else he will file a SC-ST case on me on purpose.What should i do in this matter?Please suggest me.Does the public need to be scared of any false SC-ST cases.

Thanking You Sir/Madam,
Suri

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3 Replies

Kumar Doab (FIN) 10 August 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Hope you have obtained proper , written legal opinion that rules out the said land was/is ST land……..land allotted to persons belonging to Scheduled Tribes……and were made aware of T&C associated with such lands.

To sell such lands permission from DC is required.

Check the LOCAL rules.

Kumar Doab (FIN) 10 August 2018

The party that claims ownership of land is to establish that her/she is owner and show valid documents of ownership.

Maintain irrefutable written record of everything including measurements by revenue officials.

You may also obtain mutation records with link docs.

Verbal discussions are difficult to establish.

One may generate and maintain irrefutable evidences (audio/visual/witnessed/minuted) of threats etc..

Approach in person alongwith elders of the family, competent and experienced well wishers, seasoned PIP, your community leaders , a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/Civil/criminal matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share inputs /show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL O/o Tehsildar, civil courts, HC, SC……

VIRAJ KADAM (Advocate Supreme Court of India) 10 August 2018

You can file police complaint for encroachment and also threat of filing false complaint under SC/ST act. You will have to file civil suit for declaration and injunction against such person. Hire services of some good advocate and proceed.

Regards