• West Bengal vest land case

I am in the possession of a land since 1971. Patta issued as vested land to other people in the year 1972-1973 but they have never got possession. We have got the court degree from MALDA district court and then from Calcutta High court against West Bengal vest land reform rule. Now patta owners are planning to enter my possession forcefully. Please guide me by giving your kind advice.
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

1) post security guards on your land and install CCTV cameras 

 

2) if patta owners seek to take forcible possession file police complaint of criminal trespass under section 441 of IPC 

 

3) also file suit seek injunction restraining them from disturbing your possession of land 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

You can file a suit for permanent injunction under section 38 of the specific relief act in the concerned civil court.

Along with the said suit you file an application for temporary injunction under Order 39 Rule 1 & 2 of the Civil Procedure Code(CPC)

Also you can file a police complaint to police under the Sec. 441 of IPC which deals with Criminal Trespass.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If the high court order is in favour of you then no body can enter in the premises forcefully  with out the permission of the court.If they take the possession forcefully then file police complaint against their criminal trespass.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. File a suit for declaration and injunction seeking restraint order against the alleged encroachers.

2. Do not loose physical possession over the land and continue your physical occupation over it.

3. inform the local police about such attempt so they register FIR on trespassing.

4. If you have decree in your favour then no one can take hold of your property forcefully.

5. If decree and high court decision is shown to me then further advice can be given to protect your land.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

See they cannot take possession forcefully if they try to do so you can file a police complaint against them.if they file suit for possession against.you it can be contested based on decree by high court and the possession 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) You don't give possession at any cost. Show them court record and patta records on your name.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Please immediately move a complaint in the nearest police station by annexing your owner ship papers and say that there are chances of breach of peace, they will help you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the land vests in your right and the same has also been granted by court of law at different points of time in your favour.
  2. Now, as it has been mentioned by you that some people are trying to take the possession from you, I would advice you to make a police complaint against those.
  3. And if police doesn’t do anything then you may have to approach the High court for immediate protection under section 482 of the Cr. P. C., by filing a petition.
  4. And I am sure that your right will be taken care off by the High court and further directions would also be given to the police to look into the case.
  5. This is the fastest way even faster than the Magistrate compliant under section 156(3) of Cr. P. C.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Court has already declared your ownership. File police complain for criminal trespass.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like trespassing, intimidation, fraud against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since you have been in possession of the landed property along with the patta on your name and since it is more than four decades that you are in possession enjoyment, you may file a permanent injunction suit against those who are trying to encroach or enter into your property. 

You can even seek police assistance to protect your land and interests in your property in the same injunction suit.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

If you have court decree the you can file a police Complaint and then also issue contempt of court notice to them and proceed with the same

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. First of all lodge a police complaint and apply before the Magistrate for promulgating order u/s144 of Cr.P.C. praying for a restrain order upon the opposite side in entering your premises.

 

2. On the day of the expiry of the order passed u/s144 of Cr.P.C. file an application praying for an order for converting the said 144 case to a case u/s145 of the Cr.P.C.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Hello,

File a writ in the civil court and obtain injunction since the decree has already been awarded in your favor and as such now no one can snatch away the title from you. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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