Hi Sir, I have Land in my Late grandmother in Gram: Bhiti, Paragana: Ramnagar, Tehsil: Sadar, District: Varanasi. It's Gatta No. 437. A Neighbour is trying to intrude on our land forcefully ~ 7-8 feet inside, that sums up the whole land he is trying to forcefully take is (~700-800 feets) . Since he is a goon and has local support of his community and he belongs SC/ST community, he is trying to take advantage of SC/ST and want to have a quarrel with us. Please help me to take a stay order on his construction, and a way to get my land mapped and fenced in order to overcome this dispute any further. If you want I can share Land registry papers and as well as the application is given in Police station. Seeking your help in order to take this case forward in a way that SDM/DM orders to get the land mapped and allow us to fence our land as per registry. If that cannot be done, we need a stay order on the land of both the parties such that no further construction takes place.
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File police complaint of criminal trespass against neighbour under section 441 of cr pc
2) if police refuses to lodge FIR file private complaint before magistrate under section 156(3) to direct police to investigate and submit report
3) also file civil suit seek orders restraining him from carrying on any construction on your land
4) to demolish unauthorised construction done on your land
6) also request survey office to demarcate boundaries of your land as per sale deed
See you can file a complaint with the SDM to restrict the said person from further construction and intimidating you for quarrel. Further a suit can be file along interim stay application to bring stay and seeking permanent injunction.
1. For your issues you will have to take help of a local Property Laywer, in filing a Civil dispute in the local Civil court, for permanent injunction and relief.
2. You can ALSO file a Police FIR, requesting investigation and charge-sheet, for offences like Trespass, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
3. 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. The said Person may come down for settlement.
You can file an FIR as well as a suit in this case against the said intruder
Instead of application , file FIR of criminal tress pass, encroachment and criminal intimidation. IF polcie do not register, go to SP or file court complaint.
You can also file injunction suit in SDM court for interim stay and recovery of possession.
If your neighbor is trying to encroach your land then you may have to file a permanent injunction suit against him and also a temporary injunction on the same lines as interim relief restraining him form encroaching your land in any manner till the disposal of the main suit.
In the suit itself you can file a petition to direct the tehsildar to send the government surveyor to survey the proeprty and demarcate the same as [pr the records.
First upon all apply to the Survey Officer to demarcate the plot, you will get exact marking of your plot , if its found that your neighbour encroaching your plot file police complaint in that regards. you can also file a civil suit to injunction and declaration and obtain stay from court.
You should file the suit for permanent injunction against your neighbour for restraining him to encroach your land
Also seek order for fencing as per demarcation of your gatta no.
File police complaint against your neighbour for criminal intimidation and threatening for sc/st act.
Dear Sir, We have filed an injuction suit as well as for demolition of illegal construction. But in the mean time is possible that we can ask SDM /DM for interim relief so that on the basis of the suit filed in Deewani court against him. One Hurdle which we are facing is that since the land mutation has not been yet done due to some other suit between us and seller we cannot demand a stay from DM/SDM in this case. ? Is there no provision in the law that a person with sale deed has the power to protect his land from being forcefully encroached by neighbour by saying we do not have our name in Khatoni?
See pending the suit the SDM may reject you application though you may try by filing same.
See sale deed is in your name along possession the neighbour cannot take benifit of dispute and enchroach the property.
You have already filed suit in civil court
seek interim reliefs from said court rather than from SDM/DM
sale deed confers clear and marketable title to property
entry in revenue records is only for payment of property taxes
On the basis of registered sale deed you can protect your interest on the ground that it will cause irreparable loss to you if interim stay is not given
PoA itself is a authority letter to protect property , you can seek interim injunction.
You should be aware that the revenue records held by the revenue department or the patta passbook are not the title documents and one cannot claim title to the property based on the revenue records such as khatoni or pahani etc.
In fact you have relief or remedy only before the civil court and n=not before the SDM or DM.
In my opinion, approaching the office of the DM/SDM is a waste exercise wasting time, energy and money because no fruitful result can be obtained from them in this regard.