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Queryist   22 August 2019

Land illegally grabbed

Experts, need your kind help. My land has been illegally grabbed in December of 2018 and an illegal wall has been built on it. Pradhan of my village in Azamgarh is very corrupt and has been a pradhan for at least fifteen years. He had purchased a land to built a house close to my land and in December of 2018, his labourers were working on his house when he opportunistically used the brick and cement supply he brought to build his house, he used it to build a wall on my property and illegally grabbing it in the process.

I called the police when the wall was being built,but the police officer on scene refused to stop the wall from being built and refused to file the FIR when I asked. I complained to the DIG Azamgarh who then asked the officer to investigate and provide report, to that the officer created a basic report as khana purti, stating all is peaceful right now and closed the inquiry. I submitted a complaint to SDM and DM of Azamgarh and on bhu mafia portal, but, no proper investigation was done. Instead, the following story was told: A scheduled caste worker of the Pradhan had given money some years ago to other khatedars on my land, in front of the pradhan, but no baynama was done. Since all these years no baynama was done, this scheduled caste worker decided to just grab the land and build the illegal wall on it. That is what Lekhpals wrote on the report they submitted to SDM, who then blindly signed the report and closed the inquiry.

Experts, this is a clear situation of illegal land grab and injustice and corruption at play. My biggest problem is the government officials who refuse to do their job properly which has allowed this illegal land grab. They just don't care, don't want to listen, don't want to help, just been ignoring my pleas. I've complained to CM Yogi's office, UP PanchayatiRaj, DM, SDM of Azamgarh, UP DSP, DGP, SP, but all requests fell on deaf ears. Pradhan is highy corrupt and has accumulated a lot of money while in the position, thus, now misusing it to illegally grab land of people of his own village.

Please guide me as I want to address and resolve this problem at the earliest rather than getting stuck in lengthy civil cases, where, I'd be running from pillars to post, while this pradhan and his scheduled caste worker enjoy on my land for years. Can I file illegal trespassing complaint? if yes, how to do? How and who should I complain to about the incompetency of the govt officials so that they take this seriously? Is there someone I can complain to about the Pradhan for his investigation? My goal is to free my land from this illegal grab in the corrupt Azamgarh legal system without getting stuck for years fighting civil cases. I've seen videos and read about many DM and SDMs outside of Azamgarh, showing their authority to gain proper law and order in illegal land grabbing situations, but, in Azamgarh, all officials seem indifferent to this problem. Please guide.

Sincerely,

Queryist



Learning

 6 Replies

Shashi Dhara   22 August 2019

File civil case in civil court to illegally constructed construction to demolish.

Real Soul.... (LEGAL)     22 August 2019

You weere suppoused to approach the court for your grieveince. Just file the suit if you have documents in your name .

Queryist   22 August 2019

Thank you for the reply Shashi Dhara Sir! Sir, everyone in my family is talking against the lengthy civil cases, which can run for many years, perhaps into our old age and the cost associated with it. My suggestion to family is to file for stay order/injunction at the court preventing this pradhan and/or his lower caste worker from doing any activity on the land or even prevent it from being sold. I also am of the understanding that Supreme Court of India has stated that per an ACT, don’t remember its official title, owner of the land can get his illegally grabbed land vacated by force without filing any cases or going to the police. I don’t know how I will be gathering the force to bring down the wall, but, I want to buy time by placing stay order. And then vacate the stay order, once the all is down. After filing for the stay order, I want to submit a grievance letter to the pradhan stating the same accusations and demand his reply. If he gives me no reply in 30 days, I would like to move ahead with filing illegal trespassing FIR, against lower caste worker of pradhan while adding pradhan as his accomplice. If my understanding is correct, laws and remedy for quick resolution of such grabbing already exists in our ACTS, Supreme Court Ruling, etc., it’s just our govt officials lacking it in practice. 

Please kindly guide me with your expertise as to whether am I thinking of the above approach correctly.  Is there any type of complaint I can file against lack of FIR registration? Complaint against Pradhan anywhere?

Queryist   22 August 2019

Sohail Sir, thank you kindly for your reply! My family is afraid and worried about the lengthiness of the civil cases and high cost associated with it. So to oblige to their concerns and mine as well, I am seeking guidance about ways to bring about investigations within the legal bounds on pradhan, police for ignoring the situation, lekhpals for falsifying reports. If Supreme Court has already ruled and allows the owner with title to land to have his property vacated by force, I don’t understand why cases must be filed to bring this to light instead of police, SDM and DM reviewing the title, a mediation with police presence, and the one with title in hand can and should be able to get his property back. Hence, squatter should be the one filing cases if he so feels that the land is his rightfully. My apologies, feel very firmly about injustices not just property related but in general. And feel quite fed up with being treated like i’ve Done something wrong by police, govt officials when it is my land that was grabbed, but all sympathy is with a lower caste worker, because he is of Lower caste hence privileged. Whatever happened to we are all equal in the eyes of the God, whoever one believes in, Bhagwan, Allah or a Jesus, whatever name we call him with, he is the same. My emotions are high due to this matter, sorry, for getting off track, but truly feel disgusted with the inequality of treatment within our country.

 

 

 

 

Real Soul.... (LEGAL)     23 August 2019

You are 100% right and it was suppoused be like that.But the our system is not according to what it ought to have been. Just keep trying at the administration level involve some socilal media activities as that rabs attention quickly these days. Make representations to Divisional Comssioner and DM. If they failed to bring the matter to justice then just you have to file the case.

wish you sucess in your efforts.

Shashi Dhara   23 August 2019

It is purely civil case so u issue notice thru advocate and file civil suit.civil suit takes its own time but u have to know that is less pain remedy then criminal proceedings.u may hope u get justice after 4or5yrs or opposite party may come to compromise.

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