• Land dispute

I had Land dispute with my neighbours. Father had applied on commissioner court to modify my homeland map. Finally court Modified. My neighbor given a false case against to my father. Then father attend the date on civil court .But he did not come to court. Finally court dismisses the case. Father applied to measure our land on spot through tahasil but no result. In between he forcefully pulking coconut from my cocanut tree. and told nobody and no rule cannot do anything on me. He along with female member comes to my land forcefully and rise hand also. So my father gave a complain on nearest outpost. But the incharge of outpost blindly support him. He is saying to my father what the document available. Father submits all the documents but he doesn't submit any document. Police doesn’t say anything him but fire on father what reason I don’t know.
The in-charge registered the complain on distirict magistrate to impose 107 dhara that both party are gunda and rowady .They don't abide the rule. One letter come from district magistrate to hazire on court. In that all the members of our family are included .Some of the person doing job outside but that name included in that letter by police keep us as 1st party and neighbor as 2nd party.By the order of district magistrate, we bailed on schedule date but he did not go to court. Now he come forcefully along with his wife, daughter to come my home and beaten to my father.
Before that my father had gone to high court through a advocate. The advocate said that the land demarcation will be possible in short time through commissioner court .The land will be demarcation on spot in presence of police, tahsil,commisioner etc.So advocate said can do. Father give him to lodge case to demarcation.My advocate demand dismiss case status in lower court and told us send one copy to SP by registered post.I did and finally receipt submit to court. Now I seen advocate lodge 02 case against state govt and SP under the act WP(c )226/227.He saying by this previous proof I can claim to demarcation easily.
Q. I works under central govt. The police unauthorized include my name and my younger brother.I don’t stay at home and involve this matter. Why the police include my name as 1st party along with all members of my family. Is any affect to my job and career to my elder brother.Q.2.My high court advocate lodge the case under section 226/227. what is the process.Is it the right process. If no why?q.3.If in this duration district magistrate listen our complain ,is it possible to order tahsil to measure my land on spot.Q.4.Any better process gives me suggestion.Q.5.If he is not hazier on district magistrate court what action court will take on him. Q.6. Neighbour forcefully beat to my father in my home and I have no proof and villagers see everything but they are not come forward because they seeing no rule and no police take action on him. What can I do.Q.7. Can I Installed cctv camera ?. need any permission.
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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6 Answers

You should install CCTV cameras on your property

2) post security guards around your land

3) video footage will help you in making out a case if neighbor assault your father

4) if your name has been falsely included in complaint by police file petition in HC for quashing

5) mere inclusion of your name would not affect your job

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. The police as given in complaint name of all family member you van file.representation before.concerned court that you donor leave there and police has fraudulently include your name. Further 107 order won't effect your job.

2. Yes it is right he filed a petition under writ jurisdiction. Seeking direction for measurement from the court as authorities has failed to act.

3. Yes it possible in case he order you can withdraw petition from high court.

4. This is best option here since you have already filed a writ the high court shall direct the authorities if lower court fails.

5. Court can issue Warrent for his presence.

6. See you can give a complaint along with medical report of injuries and the statment of family if police refuse to take it file a private complaint with magistrate.

7. Yes you can you don't need any permissiom

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Firslty, Sir, no need to worry about anything when you are not at fault.

Secondly, actually you should have requested for the demarcation by the tehsildar or by your own architect and to get it approved by the tehsildar in your interim relief or as one of your prayer before the lower court.

Thirdly, yes, we can move to high court for a writ of mandamus to issue direction to the tehsildar to conduct the demarcation irrespective of the fact that whether the matter in epndingni. The lower court or not as you are not putting allegation on mazistrate in lower court but advicing him to act precisely under the directions of High Court.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

File quashing under section 482 CRpc for quashing of FIR.

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Q. I works under central govt. The police unauthorized include my name and my younger brother.I don’t stay at home and involve this matter. Why the police include my name as 1st party along with all members of my family. Is any affect to my job and career to my elder brother.

The police will do anything on the basis of the complaint and the bribe received by them, hence if your name had been included, you may have to attend the police station for investigation.

Q.2.My high court advocate lodge the case under section 226/227. what is the process.Is it the right process. If no why?

It seems he has filed a writ petition seeking relief against the lower court's order, you may enquire the status from him

q.3.If in this duration district magistrate listen our complain ,is it possible to order tahsil to measure my land on spot.

You may approach the district magistrate court for this, but you may have to apply for measuring the property through Taluk surveyor before the Tehsildar.

Q.4.Any better process gives me suggestion

You may take decision based on the prevailing situation.

.Q.5.If he is not hazier on district magistrate court what action court will take on him.

Then the court may set him exparte and a decision may be pronounced against his interests

Q.6. Neighbour forcefully beat to my father in my home and I have no proof and villagers see everything but they are not come forward because they seeing no rule and no police take action on him. What can I do

You may take up the matter wit the higher police officer or file a petition before the judicial magistrate under section 156(3) cr.p.c. seeking direction to the concerned police for initiating proper legal action on your complaint.

.Q.7. Can I Installed cctv camera ?. need any permission.

You can, no permission is required.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

and that effect fall on my job(working under central govt).my family depend on me.

what precution i will take to go my home to prevent from false case.

They may unnecessarily involve you in the false dispute and get you arrested with the false case which may endanger your employment if you are inside for more than 24 hours.

Better dont visit the village for the time being.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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