File police complaint of criminal trespass against neighbour
2) seek court orders to demolish encroachment
3) if you filed in tehsils court wait for tehsildar to pass orders on basis of report of encroachment
4) refuse to withdraw the case
Encroachment of land
Sir, i am from madhya pradesh. my house (abaadi area not in govt record) is in village which is by the side of village road, beside of mine my neighbour go to their house by means of mutual road since forfather times (no records). thereafter lies the land of both (paraller to each other and parpenducular to house) which is in government record, to have access we both have to give way from infront of our house (road which is suppose to be both of us, obviously). now my neigbour enjoying the way and use it for tractor, car etc but for mine, he has blocked the way by erecting wall in a single day when nobody of us in the house and left only 2 feet way. 1. now how can i resume my way, should i go to police or file a case , where civil or tehsildar court? however this wall seems to be in our land. can i demolish by my own because he cannot prove that its their land also.only it is infront of their house secondaly he has also encroached my land (started making house) by paying bribe to local revenue official and i had filed a case in tehsildar court for encroachment but, it was in their favour, appealed to sdm court also in their favour but sdm advised to remeasure the land. now report (panchnama) given by patwari (local revenue official) stated that encroachment done by the opposite party. 1. now how to claim my land? 2. i should file a case in civil court or tehsildar court. tehsildar is also executive magistrate, but drags the case too long without any reason. 3. if i had filed a case in tehsil court then i can withdraw and file in civil court. 4. if proved his house will be demolished (as since starting i was claiming the land as encroached) or told me to compromise. i am serving soldier and know the value of land (cannot explain what it mean to us). 5. by seeing my father alone, he is giving life threat (no proof for me) to my father to withdraw the case. for this my father given a police complain but probably paid the bribe and police did nothing, only booked under ipc 107& 116. please advice i am in distress. local lawyer not giving clear idea about it.
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
Hi, you can file the case in civil court but that too will take time .. If it is pending in SDM court , wait for the decesion .. May be it comes in your favour
1. In a disputed fact involving title of property its never advisable to seek legal remedy from quasi judicial authority like tehsilder.
2. Only a competrnt civil court can decide title and remove encroachment from forceful occupiers.
3. So forget Tehsilder and file a suit for declaration and for mandatory injunction.
Good luck.
1. now how can i resume my way, should i go to police or file a case , where civil or tehsildar court? however this wall seems to be in our land. can i demolish by my own because he cannot prove that its their land also.only it is infront of their house
if your neighbor has constructed a structure in your landed property, you can remove or demolish it and make a complaint with the local police about his criminal trespass in to your land.
1. now how to claim my land?
You can file a suit for possession of your property on the basis of the report by patwari after measurement.
2. i should file a case in civil court or tehsildar court. tehsildar is also executive magistrate, but drags the case too long without any reason.
Approach civil court, you have to endure the delay happening in courts.
3. if i had filed a case in tehsil court then i can withdraw and file in civil court.
You can do so.
4. if proved his house will be demolished (as since starting i was claiming the land as encroached) or told me to compromise. i am serving soldier and know the value of land (cannot explain what it mean to us).
After you are getting a decree in your favor you can execute the decree for demolition of the same.
5. by seeing my father alone, he is giving life threat (no proof for me) to my father to withdraw the case. for this my father given a police complain but probably paid the bribe and police did nothing, only booked under ipc 107& 116.
If the threat continues and you see danger to yor father through him, you can aproach the district collector through your Army Commander seeking protection for the life of dependent of serving soldier
