• Land dispute

GRP case imposed on my family by neighbor from disput of land.This case is continuing now in court. My father appeal to commissioner court to correct my land.The commissioner court modified my land.Again my Opposition appeal to district civil court for injection suite and criminal case.But court dismiss that case.Now I appeal to tahasil but tahsll taking delay to measure land according to commissioner court.Due to delay to measure of land by tahsil with the hand hand of local outpost police in charge he pressurize on us.Sometimes my opposition beat to my father on my land.This type of activity continuing.Now police saying that your opposition saying civil court continuing on you.so police harassing us.But police not saying case no .Instead police imposed 107 dhara on both parties including all members for one year. In between my family got bail from executive magistrate from my district.He is not yet bail but querling on my land with us. 
q.1: Is any civil case will obstacle to commissioner court order to measure my land?
q.2: Is only saying on mouth it is enough to stop to measure my land or any official court order come from court to stop measure land ?
q.3:In 107 dhara if my opposition will not go what action will take on him by executive magistrate.
q.4:Police only saying civil court continuing on you but not saying which case is continuing.This type of pressurizes on us.
q.5.What will be the procedure will follow of 107 dhara in executive magistrate.Is magistrate will call for matter for solving .
Asked 4 years ago in Civil Law

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4 Answers

Section 107 in The Code Of Criminal Procedure, 1973

107. Security for keeping the peace in other cases.

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Unless commissioner order is stayed by court measurements of your land can be proceeded with

2)mere verbal directions not sufficient . You need court orders to stop

Measurements

3) do not bow down to pressure tactics from

Police

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Civil court has no jurisdiction on land situated in rural area. And if no stay from civil court, no obstacle to execute order of commissioner court, file for execution of order.

It no court order copy provided by objector to tehsildaat, he/she cannot deny land measure ( SIMA GYAN).

Arrest order.

Misuse of power by police.

either 6 months prohibition order on acceptance of crime or trial.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The court appointed commissioner can seek police assistance if he finds there is an obstacle while measuring the land with the help of government surveyor.

This can be considered as contempt of court if somebody is trying to obstruct the process of commission by the court commissioner.

The executive magistrate court is not very effective in this like judicial magistrate court.

The police will not interfere if the case is pending in court.

You may attend the proceedings and see what best can be extracted from the executive magistrate court

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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